摘要
Although the TRIPS Agreement has provided common rules for the protection of intellectual property rights, countries at different levels of development have their own autonomous discourse rights in relation to the understanding and interpretation of intellectual property rights （IPR）. In a sense, this is also the ＂discourse power＂ of a country or people within the institutional arrangements of the IPR system. In China, IPR legal research has progressed in tandem with a deeper understanding of the nature of IPR and a growing recognition of autonomous discourse rights. Construction of an interpretative IPR theory that is supported by indigenous culture and tradition has become the common endeavor of IPR scholars. Chinese scholars have abandoned the blind faith that IPR are natural rights or the assertion that they are simply a policy tool. However, due to a lack of a shared discourse and consensus, irrational or even fiercely opposed views still exist among IPR scholars today. At times, such ＂dialogue failure＂ arises more from different value orientations, limited perspectives and logical differences than from differing academic viewpoints. This has somewhat hindered the overall starting up and smooth operation of the Chinese IPR system. In order to better implement the National Intellectual Property Strategy Program, to promote theoretical research on IPR under Chinese discourse, and to accelerate the establishment of an autonomous discourse system of IPR theory, we have organized this group of papers. Among them, Professor Xu Xuan from the College of Intellectual Property and Law School at Jinan University proceeds from the assumption that the existing IPR system is an institutional arrangement based on equilibrium considerations and suggests that the methods of legal philosophy and dialectical logic be adopted to understand IPR intuitional arrangements. She argues that the aim of IPR protection is to promote the maximization of shared wisdom, and proposes an initial theoretical framework for IPR studies from multiple perspectives. Professor Wu Handong from Zhongnan University of Economics and Law offers a multidisciplinary, pluralistic and multi-faceted view of IPR attributes to demonstrate the features and qualities of IPR.
Although the TRIPS Agreement has provided common rules for the protection of intellectual property rights, countries at different levels of development have their own autonomous discourse rights in relation to
