A value analysis of IPRs law mainly addresses the values, constitution and the goals of IPRs legislation. IPRs laws, by combining value and instrumental rationality, incorporate the value of civil law while featuring attributes particular to IPRs. Here, the ‘instrumental rationality’ includes justice (ethical rationality), effectiveness (economic rationality) and innovation (scientific rationality). In developing countries as China, barricades do exist blocking the road to an effective IPRs system, such as the default of legal culture, conflicts between old and new legal concepts and the imbalance of interests between stakeholders. These recurring issues introduce problems as institutional risk and malfunction of the rule of law. In response to the call of a new era, IPRs conventions is experiencing unprecedented restructuring worldwide, with which China is expected to keep pace by breaking through the current barricades. One approach China comes up with is the establishment of a set of values orientated to harmonious and human-oriented development. Such an approach offers not only a compromising solution to China’s reality but a vivid reflection of the legal spirit of IPRs laws, and even of transcendent power renovating the traditional value chains of justice, effectiveness and evolution of IPRs laws.

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Value Analysis of China’s IPRs Regime: Value Rationality and Instrumental Rationality

  • Handong Wu

摘要

A value analysis of IPRs law mainly addresses the values, constitution and the goals of IPRs legislation. IPRs laws, by combining value and instrumental rationality, incorporate the value of civil law while featuring attributes particular to IPRs. Here, the ‘instrumental rationality’ includes justice (ethical rationality), effectiveness (economic rationality) and innovation (scientific rationality). In developing countries as China, barricades do exist blocking the road to an effective IPRs system, such as the default of legal culture, conflicts between old and new legal concepts and the imbalance of interests between stakeholders. These recurring issues introduce problems as institutional risk and malfunction of the rule of law. In response to the call of a new era, IPRs conventions is experiencing unprecedented restructuring worldwide, with which China is expected to keep pace by breaking through the current barricades. One approach China comes up with is the establishment of a set of values orientated to harmonious and human-oriented development. Such an approach offers not only a compromising solution to China’s reality but a vivid reflection of the legal spirit of IPRs laws, and even of transcendent power renovating the traditional value chains of justice, effectiveness and evolution of IPRs laws.