GUAN Yuying: Three Dimensions of the IP Rule of Law Construction in China

Abstract: Protection of private rights, state governance and international coordination are the three dimensions of intellectual property (IP) rule of law construction. IP in essence is the private right to the achievements of intellectual activities, with specific information created through knowledge, skills, or business labor as the protected subject matters. Thus, the practice of seizing information resources and packaging them into IP objects for profit should be rectified. Due to the intangible nature of information, IP protection requires first the delineation of the scope of subject matter, followed by prompt and adequate reliefs for the rights of owners, which relies on the professional and convenient confirmation of rights, as well as fair and efficient protection, enforced by the administrative and judicial authorities. This characteristic of public power intervention based on the principle of "openness for protection" has made IP system a governance tool. IP protection is also closely related to international trade, and governed by numerous international treaties. However, the rule of law construction should not be separated from local practice but should be grounded in the principle of territoriality. China should, on the basis of the principles of economics, sociology, and other fields, seek win-win results in the development of coordinated domestic and international rule of law.

Key Words: intellectual property; rule of law; private right; governance tool; international coordination

Author: GUAN Yuying, a research fellow at CASS Institute of Law and director of CASS Center for Intellectual Property Studies.

Source: 2 (2024) Intellectual Property.