Why is it difficult to protect intellectual property rights in China?

The legal system of intellectual property rights is the product of commodity economy and modern science and technology. /kloc-since the 0/8th century, the bourgeoisie has widely adopted scientific and technological achievements in the field of production, which has caused legal problems to protect the private ownership of intellectual products in the capitalist market. The bourgeoisie requires the law to confirm the private possession of knowledge, so that knowledge products, like material products, become the subject of free exchange. In this case, a new way of property-intellectual property, which is different from the traditional property system, has emerged.

The history of intellectual property system is not long, and its rise is only 200-300 years, but its role in promoting capitalist science and technology as the primary productive force and national economic development can not be ignored. In today's world, the production quantity and capacity of a country's knowledge products often become a symbol to measure the country's economic and cultural level. Therefore, all countries with advanced science and technology have established and improved their own intellectual property systems earlier and continuously expanded the market of intellectual products. With the rapid development of science and technology, countries around the world pay more and more attention to the legislation of intellectual property rights, and grant the owners of intellectual products exclusive rights in the form of law to promote the exchange and circulation of intellectual products. Intellectual property system has become an important part of various legal systems.

I. Development and Shortcomings of China's Intellectual Property Legal System In China, since the Third Plenary Session of the Eleventh Central Committee of the Communist Party of China, there has been a major breakthrough in the understanding of intellectual products. The intellectual property system in the Central Committee's Decision on Economic System Reform, the Central Committee's Decision on Scientific and Technological Management System Reform and the General Principles of Civil Law not only gives a correct explanation of the commodity economy existing in China at this stage, but also clearly recognizes that technology has become an independent commodity in the form of knowledge. These scientific conclusions are the guiding ideology and theoretical basis for us to establish the intellectual property system in China. In recent years, through our efforts, we have successively promulgated the Trademark Law (1982) and the Patent Law (1984), revised the Regulations on Invention Awards (1985) and the Regulations on Natural Science Awards (1985). 1General Principles of Civil Law adopted in April, 1986 made special provisions on intellectual property rights in the fifth chapter, thus providing guiding principles for the establishment of the legal norm system of intellectual property rights in China.