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On Foreign Trade, Abuse Of Intellectual Property And Its Legal Regulation

Posted on:2008-05-30Degree:DoctorType:Dissertation
Country:ChinaCandidate:J L ChenFull Text:PDF
GTID:1116360212987374Subject:International law
Abstract/Summary:PDF Full Text Request
The subject of this dissertation is the intellectual property misuse in the foreign trade of China and its legal regulation thereof. This dissertation attempts to discuss, through the analysis of the origin and development of intellectual property misuse and the relevant case study, the basic definition of intellectual property misuse and its typical types, to promote the smooth cooperation and mutual development of intellectual property and foreign trade. For the above-mentioned purpose, this dissertation contemplates the subject from the following aspects:1. Study of the origin and development of intellectual property misuse.Based on the study of the relevant rules under the American law from which intellectual property misuse principle originated, the author considers intellectual property misuse as a principle originated from the common law, and also a defense widely adopted by the defendants in the intellectual property infringement cases, rather than a direct inference from the principle of right misuse in the civil law.2. Study of the standard to determine intellectual property misuse.This dissertation compares the two standards existing, i.e. the standard of public policy of intellectual property law and that of anti-trust law. After analyzing the different historical status of these two standards, based on the different considerations of the three main branches of intellectual property, i.e. patent, copyright and trademark, this dissertation contemplates that it is not appropriate to rely on the anti-trust law standard to determine intellectual property misuse; and the anti-trust law is only one of the authorities, rather than the sole authority, to regulate intellectual property misuse.3. Main types of intellectual property misuse in the foreign trade of China.Taking the present cases incurred in the foreign trade practice into consideration, this dissertation summarizes the main types of intellectual property misuse in the foreign trade of China.4. Main authorities to regulate intellectual property misuse in the foreign trade.This dissertation mainly analyzes the competition law, trade theory and the TRIPS to justify the regulation of intellectual property misuse in the foreign trade of China. The relevant provisions of the TRIPS are particularly emphasized to define the rights and obligations of China under the TRIPS for the regulation of intellectual property misuse.5. Further thoughts on the improvement of China's regulation of intellectual property misuse in the foreign trade.After a careful review of the relevant legal authorities, this dissertation points out the main flaws and raises several suggestions to improve the legal system on the regulation of intellectual property misuse in the foreign trade.
Keywords/Search Tags:Intellectual property misuse, trade, regulation, antitrust, public policy
PDF Full Text Request
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