A Study on the Construction of Basic Law in Intellectual Property Regime
In formulating the basic law in intellectual property regime,it is necessary to avoid mixing the guiding norms in policy legalization with the mandatory norms in universal laws.The Basic Act does not directly involve the rights and obliga-tions of the public,and there have already been foreign templates for reference.As for the codification of intellectual prop-erty laws,the domestic process had been tortuous and the foreign experience is insufficient.In order to support comprehen-sive innovation,it is advisable to start the construction of a basic law,e.g.research how to draft Intellectual Property Code as soon,focusing on refining the unique legal norms in the field of intellectual property,stripping away practical instruc-tions,and forming general provisions as well as sub-provisions for several parts.The ultimate goal of the systematization of China's intellectual property legislation is to construct a multi-dimensional image with Basic Act as index,Code as the core content and the Code of Implementation Regulations as the annotations and operating procedures,which will become a mod-el of scientific legislation in the new era.
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