Studies On The Enforcement Of Intellectual Property Rights In Multilateral Treaties

Enforcement of intellectual property rights, abbreviation for the protection of theenforcement of IPRs, usually refers to the enforcement systems, procedures andremedies for the protection of IPRs, also known as the enforcement mechanism ofIPRs.With the development of science and technology, transnational technologicalexchanges happen frequently. A large number of international treaties lay down theminimum standards of IPRs protection. At the same time, the enforcement of IPRsshows an increasingly significance in the protection of IPRs, and gradually attracts theattention of many international treaties. This thesis starts from the concept, featuresand functions of the enforcement of IPRs, closely focus on the regulations andstandards of enforcement set by international multilateral treaties. On the theoreticalprospective, the thesis anlylizes the rationality of taking the subject of enforcementinto the international multilateral treaties, reveals the potential challenges that it maybring to the traditional international law theory, and then draws to the conclusion thatsome fundamental principles and essential restrictions should be conformed by themultilateral treaties when regulating the subject of IP enforcement. This part resolvesthe problems of "whether" and "how" should IP enforcement be regulated byinternational treaties; while on a practical prospective, the thesis chooses some typicalmultilateral intellectual property treaties as the starting point, interprets and evaluates their certain provisions of IP enforcement, and briefly introduces the existingcondition of IP enforcement in China and brings up some countermeasures andsuggestions.The studies on the Enforcement of Intellectual Property Rights in MultilateralTreaties have great value in both theorial and practical fields. This thesis has about180,000Chinese characters including the introduction and five chapters. The specificcontents are as follows:Chapter â…  make a general statement of the enforcement of IPRs: firstly,introduces the concept, features and functions of enforcement of IPRs; secondly,traces the developmental history of the international multilateral treaties, whichindicates that TRIPS represents the landmark in that it firstly establish a completeenforcement minimum standards in the history of multilateral treaties. Before TRIPS,few multilateral treaties made explicit provisions for it, while after TRIPS,enforcement standards in multilateral treaties become increasingly common anddetailed.Chapter â…¡ expounds the Theoretical basis to take IP enforcement intomultilateral treaties, which is demonstrated from four aspects: it's the essentialrequirement of the special characteristics of IPRs, it's the logical result ofprocedural justice, it's an inevitable choose in the trend of globalization ofinternational law, and it's the direct effect of the fundamental principle of "pactasunt servanda".Chapter â…¢ reveals the challenge that the IP enforcement provisions may bring tothe traditional theory of international law: it restricts the sovereignty of anindependent state more stringently, and it expands the legal connotation anddenotation of the international obligation from the multilateral treaties. As a result,some fundamental principles and essential restrictions should be conformed by themultilateral treaties when regulating the subject of IP enforcement.Chapter â…£ interprets and evaluates the certain enforcement provisions of sometypical multilateral IP treaties, including some international treaties concluded beforeTRIPS, TRIPS and TRIPs-plus treaties represented by ACTA. Chaper â…¤ briefly introduces the existing condition of IP enforcement in China,discusses the influence from TRIPS, TRIPs-plus enforcement treaties and the effortmade by the developing countries against IPR hegemonism, and then brings up somecountermeasures and suggestions to improve our IP enforcement system.