论政府优先采购本国自主知识产权产品的国际合法性

On International Legitimacy of the Right that Government Gives Priority to the Procurement of their Own Intellectual Property Products

我国政府采购法实施已近三年,许多省市的政府采购实践更已逾五年,但是,关于我国加入GPA之后政府采购本国高新技术产品能否“优先”的问题,无论是国家还是地方立法,甚至理论探讨与学术争鸣,都没有得到实际上的有效解决。在我国已经成为GPA的观察员,而自主创新又成为国家基本战略的今天,研究政府优先采购本国具有自主知识产权产品的国际合法性,无疑具有重要的理论价值和现实意义。

China＇s government procurement law has been implemented for almost three years, and many provinces and cities have practiced government procurement for more than five years. However, after China＇s accession to the GPA, whether Chinese government can be able to take priority to procurement on their own high-tech products has not been effectively resolved from whether national or local legislation, and even theory and academic contention, Today, China has become an observer of the GPA and independent innovation has become one of our basic national strategies. The research on the international legitimacy of the right that government gives priority to the procurement of their own intellectual property products undoubtedly has important theoretical and practical significance.