Public Authority of Intellectual Property

Under the influence of the classical Roman law system, the academic circle has already formed a ″thinking orientation ″ in theory: Intellectual property belongs to private right. TRIPs have also emphasized the legal system of the private ownership of intellectual property in the name of private right. As China is undergoing the transition from planned economy to market economy, it is necessary to establish the positions of private law and private right in the socialist legal system. It is natural that the academic circle does its utmost to emphasize the private right of intellectual property. However, with the in-depth development of theoretical researches into a social system ruled by law and promotions of its practice, people find that the traditional theory about the nature of intellectual property has exposed its defects and contradictions, and it is therefore difficult to justify itself. It can't no longer meet the needs of the economic and rule-by-law construction in the era of knowledge economy.The system of intellectual property is always in the open system throughout the process of dynamic development. Nowadays the society is in the innovative era of knowledge economy. The system of intellectual property today can't be compared with the system of traditional intellectual property in the past. This requires people to adjust their understanding of intellectual property. In the era of market economy and rule-by- law society, countries like the type of ″keeper-watch at night ″ have already been unable to fit in with the basic requirements of the current rule-by-law civilization. The government should carry out necessary intervention to all respects of the society. The development of intellectual property system has already broken through the field of the traditional private law, and gradually presented the developmental trend of socialization and legalization of public law. ″Government part ″ gets more and more involved in the system of intellectual property. With the acceleration of globalization, various countries incline to develop in ″national strategy ″ of intellectual property. The public authority nature of intellectual property is mainly shown in the public welfare of society, the conferment of country and the weight of interests. The problem about the nature of intellectual property is the foundation for constructing the ″mansion ″ of the legal system of intellectual property. Therefore, as a supplement to ″intellectual property belongs to private right ″, it is theoretically and practically meaningful to understand the public authority nature of intellectual property.