The Emergence and Influence of Law of Intellectual Property Right Duringthe Latter Stage of Qing Dynasty and the Earlier Years of Republic of China
|Course||Modern Chinese History|
|Keywords||the modern China Trademark Law Copyright Law Patent Law|
During the latter stage of Qing Dynasty and the earlier years of Republic of China, the three main respects of the intellectual property right(Trademark Law, Copyright Law and Patent Law) were promulgated and enforced successively. Under modern China’s specially social conditions, the promulgation and enforcement of the civil special law which aims at protecting the human intelligence achievements, not only promoted the development of industry and science and technology level, but boosted the prosperity of the cultural market. Most of all , it strengthened and accelerated the modern change of compatriot’s idea. So this text mainly regards the intellectual property right of the modern history of China as the research object, and its upper limit of time was the 1990s of the 19th century, the lower limit was the twenties of the 20th century. On the exposition of this selected title, my basic thought is:In the first part, from the theme of "saving the nation from extinction" and "developing the society", I introduced the comprehensive social background such as the political environment, the economic condition, culture requirement and diplomatic pressure from Triple Entente, from which the modern China’s intellectual property right produced. In the second part, I explained the forming processes of Trademark Law, Patent Law and Copyright Law in the last years of Qing Dynasty and the early years of Republic of China separately, and showed the necessities of society, economy and culture. In the third part, on the basis of what the foregoing paragraphs is described, I analyzed the positive impact on commerce, culture, scientific research and the modern industry, posted the influence on the modern change of compatriot’s idea of intellectual property right.Finally, I analyzed the negative influence from modern China’s social economic condition, the national authority and the compatriot’s general idea in the course of implementing the rule of the intellectual property right.