Give China More Time to Be Ready - A Comparative Analysis of Intellectual Property Culture Between China and the West

被引:0
|
作者
Xu, Cong [1 ]
机构
[1] Univ Bologna, Bologna, Italy
关键词
Chinese Traditional Culture; Intellectual Property Acculturation; Legal Transplantation; Intellectual Property Protection System; ACCULTURATION;
D O I
暂无
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
There exists a claim from intellectual property system's advocators that its unique character is bound to promote cultural knowledge as well as social innovation indispensably and irreplaceably. They someway are able to automatically treat intellectual property protection system by a logical extension of this point as suitable mechanism for every nations and local citizens since it sufficiently accords with this universal value. China, as one of the most important developing countries in the world, has been struggling with its uncomfortable intellectual property protection system for parallel benefit relationship between international legal obligation and the domestic public. Previous researches have explored the relationship between developed countries' intellectual property practice and China's intellectual property protection trends as well as its poor environment against intellectual property infringements, but little attention has been paid to the part of local culture or intellectual property acculturation in diverse nations. Chinese traditional civilization, distinct from westerns' culture system, has wielded an immense influence upon Chinese people over a long period of time. While numerous studies of Chinese culture mainly centers around the reason for juristic divergence from others', its historical developments driven by political consideration and legal instrumentalism, very few touches upon what roles Chinese culture plays in intellectual property protection and plunging China into an awkward circumstances where wrongs and contumelies spread. Another sequential tough situation caused by Chinese featured intellectual property culture was found in the aspect of legal execution system deficiency. China's intellectual property regulations which are more or less incongruous with its national condition and some provisions even surpass its endurance capacity. These findings in this article highlight the potential difficulties encountered by Chinese intellectual property protection and the current recognition of intellectual property system in people's mind affected by deep-rooted Chinese culture. Based upon Chinese culture background introduction as well as comparative analysis of various culture characters and piths between China and the West, in conclusion, the author inclines to explain, not to seek so-called "excuse" for better comprehending to this matter that why China's intellectual property protection got here. Better understanding on cross-culture intellectual property protection system construction will very raise new direction and avenues related to a brilliant intellectual property world.
引用
收藏
页码:429 / 434
页数:6
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