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Research On The Protection Of Intellectual Property Rights In International Trade Of Cultural Products

Posted on:2018-05-16Degree:DoctorType:Dissertation
Country:ChinaCandidate:G D FanFull Text:PDF
GTID:1316330515469588Subject:International Law
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With the trend of globalization is increasingly clear,the development of international trade more and more hot,trade products are increasingly diversified,and play an increasingly important role in the cultural industry in the background of trade liberalization,cultural diversity,culture media and continuous innovation in international trade under the rapid expansion of international cultural industry mergers and acquisitions are becoming more and more popular,this not only that the cultural industry to enhance the status,it is representative of the national cultural development,is also the quintessence of explicit best embodiment to enhance the soft power.As far as the global cultural market is concerned,some industries have already built up a global oligopoly.Relying on advanced science and technology,abundant capital and rich management experience,these monopolies continue to expand global business,acquire mergers and acquisitions worldwide,and seize the world cultural market.The international trade of cultural products on the surface of cultural products in circulation and consumption,but also relates to science and technology,political and economic conditions and other aspects of factors,not only relates to the cultural penetration,but also with the creation of culture has certain internal relation.Meanwhile,the protection of associated intellectual property rights deserves attention.In the international trade of cultural products,the protection of intellectual property rights embodies the following aspects:first,whether cultural products are special?Second,how does intellectual property protection in the international trade of cultural products work?Third,how about the corresponding main body system arrangement of intellectual property protection?Fourth,how do we recognize the game of cultural products,international trade,intellectual property protection,associated trade liberalization and cultural diversity?Fifth,how will China's cultural enterprises go out and how to deal with the risks of intellectual property rights?As a guide,the writing logic mainly includes three aspects.First,the introduction and analysis of the specific interpretation of basic concepts of cultural products,cultural industries and creative products,simply elaborated the special attribute of cultural products international trade itself,the core concept of this thesis,lay a solid foundation for the whole dissertation;second,from the perspective of international trade of cultural products and trade on the basis of reality on the international protection of intellectual property rights minimum standards,according to the basic theory and system of intellectual property protection of intellectual property rights protection,facing the cultural products international trade problems in the analysis,the implementation of the main types of intellectual property rights,copyright,trademark right,patent right in the process of international trade in cultural products and sums up the argument the game between the cultural products international trade liberalization and the pursuit of cultural diversity to the third,based on the above;The logic of argument and conclusion,considering the practice of intellectual property protection in China's international trade of cultural products,cultural industries go out combined with the protection of intellectual property,to explore how to international cultural products on the market,in the face of international trade liberalization at the same time,adhere to the inheritance and stimulate the cultural creativity of the Chinese nation.Through the writing,this article has formed the following understanding:first,the cultural product has not only has the same economic attribute with the ordinary commodity,but also has the unique cultural attribute.The industrialization and commercialization process of cultural works,fully embodies the side of its economic attributes;cultural works inside the cultural value in people's influence in the process of consumption,then show the side of its cultural attributes.With cultural products as the trading content of cultural products,international trade also has a special nature.This determines the comprehensiveness and complexity of intellectual property protection related to it.Second,the protection of intellectual property rights with the whole process of international trade of cultural products,the logical clue is that in international trade of cultural products,the carrier of intellectual property protection is the core to protect cultural products,cultural works from design and manufacturing to creative properties of this process in the final consumption,to ensure that these unique creative products the cultural value preservation and continuation,but also to coordinate the relevant stakeholders.The protection of intellectual property rights to the international trade of cultural products is the inevitable requirement of social development,and is the proper meaning of safeguarding national interests and personal interests.Third,the cultural products international trade market structure is not reasonable,in the market of developed countries culture dominated the increasing trend of many countries,especially those developing countries suffer from more serious culture shock,cultural assimilation trend is obvious,the world culture will suffer homogenization and impoverishment in this cultural crisis.A crisis stimulus,all countries have strengthened the cultural sovereignty protection consciousness,thus causing a series of cultural protection policy,the trade between the culture and the collision strength is also increasing.The collision between trade liberalization and cultural diversity needs scientific proof and coordination.In the process of free trade,more attention should be paid to cultural diversity.Finally,China as a major developing country,is experiencing a wave of economic globalization,the cultural industry of our country need to go out,and the rest of the world,need to actively adapt to the international rules,participate in international cultural products trade at the same time,to safeguard national cultural sovereignty",in reference to the useful experience of foreign countries based on actual conditions,improve the domestic legislation,especially the laws and regulations related to intellectual property rights,to obtain strong support and guarantee for our country in the field of international competition.This is not only the actual demand of creating a cultural power,but also the basic requirement of the "Chinese dream" in twenty-first Century.This paper tries to do something in the following two aspects:first of all,this article examines and studies knowledge from the perspective of cultural products and international trade...
Keywords/Search Tags:International Trade of Cultural Products, Intellectual Property Protection, Cultural Sovereignty, Cultural Diversity, Cultural Creation
PDF Full Text Request
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