如何实现知识产权法学在中国的现代性是源起于对法律移植的思考。无论是以外观为标准的形式理性,还是以内在逻辑关联的实质理性为视角,均可获得实践化转向的必然结果,这表现为从“知识产权法是什么”进入“知识产权应是什么”的渐变过程。这一过程主要表现为研究范式的形成,以及理性元素的不断生成、积淀。 How to Realize the Modernity of Intellectual Property Law in China Originated from the Thinking of Transplantation of Law. Both the formal rationality of the appearance as the standard and the substantive rationality of the inner logic are the inevitable results of the practical shift, which is reflected in the fact that the “intellectual property law” What is the "gradual process. This process is mainly manifested in the formation of research paradigm, as well as the continuous generation and accumulation of rational elements.