A Consideration of IP Through a Confucian Exploration

Abstract

As discussed in the previous chapter, a modern IP framework has been established in China for more than thirty years (Professor Zheng Chengsi was the first person to translate foreign trademark law materials into Chinese language in 1979. The first Chinese trademark law was issued in 1982 and the first patent law was issued in 1984.) and the general public is becoming more familiar with the concept of IP rights (IP is initially an imported concept. However, with the speedy economic development in China, the general public is grasping a clearer IP concept than ever before while there are many points in need of improvement.). Our President Xi Jinping regards the Confucianism as the core influence on the Chinese civilization and an important part of the Chinese tradition (Tao Gui, Xiaopeng Wang and Baosen Liu, ‘China Highly Commemorated the Birth of Confucius’, Xinhua News, September 24, 2014. https://news.xinhuanet.com/2014-09/24/c_1112614342.htm.). Inspired by the Confucianism as a crucial Chinese “soft power”, this chapter will analyze the effect of traditional Chinese culture on the notion of innovation and the legitimacy of patent law, with a particular focus on Confucianism and how Chinese society has valued knowledge throughout history.