| Compared with the Intellectual Property Rights ("IPRs") between Western countries and China, it is observed that the understanding of IPRs and the construction of IPRs systems between China and foreign countries (such as Great Britain, U.S.A and Japan) were quite different before 1902 owing to the divergence of culture and economic conditions and other factors. Due to the increasing economic interactions between Chinese and Western in the early 1900', when western patent revitalized and international protection of IPRs fully flourished, with the further development of economic exchange between China and the west, the trade relationship between Chinese and foreign businessmen reflected new characteristics—disputes between Chinese and foreign merchants became substantial and therefore China and its economic development had the internal needs of protecting trademark and copyright. Under such multi-circumstances, in order to safeguard the merchants'IPRs in China of each country through the form of treaties, governments of U.S., Great Britain and Japan conducted series of negotiations as of 1902 with Chinese government on IPRs.The protection of trademark was one of the most prominent issues of IPRs. Such negotiations of trademark between China and Great Britain and the signed treaties thereafter had demonstrational significance on subsequent negotiations; while as to U.S.A and China, even though U.S.A had made various and sufficient preparations, significant breakthrough concerning the model and content of treaties was hardly to achieve due to the influences and restraint by the negotiations between Great Britain and China and therefore signed treaties; As for conditions between Japan and China, the negotiations of trademarks were in diametric opposition to each other and the process was extremely severe. Furthermore, since Japanese businessmen committed a large number of counterfeit trademark and infringement, Japan had suffered external pressures from public opinions and other treaty powers; additionally, Germany and China also conducted negotiations on trademark, trade name and enterprise name and negotiations between Portugal and China involved issues of certificate of origin, however, all of which were not effective. Among treaty powers, U.S.A was the only state who raised the requirement of patent negotiation. Owing to the huge differences on viewpoints and concerns of destructing on the development of technology and economy in case of implementation of patent system in China, the road of negotiations between U.S.A and China was tortuous; nevertheless, the terms of patent protection finally reached had pioneering meanings. At that time, negotiations of copyrights aroused oppositions by government and the people, and the representatives of China resisted strongly to proposals by U.S.A and Japan and made restrictions on the scope and period of copyright protection.The first negotiation of IPRs between China and foreign countries happened under the tide of the internationalization of IPRs protection, however, more for the needs of foreign powers for economic expansion in China. Due to the extreme disparity in power, it was hard for China to break through modules set by foreign powers. Under such circumstances, when representatives of both parties discussed issues of IPRs from different legal traditions and ideas, the one with upward trend and mature systems was bond to have advantage in negotiations. However , the representatives of China tried to maneuver room for negotiations with foreign powers. Despite having to accept the terms of IPRs, the guiding ideology of self-controlled power had remained great flexibility on implementing the results of negotiations. Such negotiations, which concerned issues of IPRs between China and foreign countries at the first time in history, had great and far-reaching historical significances and influences.This article, through aspects including the process of constituting trademark laws, the establishment of trademark administrative institutions and the progress of copyright and patent legislations, analyzes the influences of legislations and systems of IPRs in modern times. Secondly, this article studies the role of treaties in dealing with foreign disputes of IPRs and the impacts of negotiations on judicial practices through various cases. Thirdly, this article demonstrates that negotiations have played important role in cultivating ideas and consciousness of IPRs in modern times from the aspects of building up ideas of modern trademark and trademark rights, promotion of patent by innovation and the formation of modern copyright ideas for protecting the rights of person and of property of the owner of copyrights. Fourthly, as for inspiration from negotiations, this article, by focusing on how the systems of IPRs rooted in China and how such system played positive function in economic development and international competition, argues that it must experience long-term integration for IPRs, as one of oversea imports, to be implanted deeply in China; and such systems of IPRs may enjoys strong vitality only when they are compatible with the level and needs of national economic development. At last, this article discusses the implications of modern IPRs works in China from points such as establishment of negotiation team, construction of IPRs culture, non-governmental administration of IPRs and improvement of setting up new order of international IPRs.
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