Research On Regional Intellectual Property Protection Cooperation Under Belt And Road Initiative

Since OBOR Initiative(or BRI)that General Secretary Xi Jinping had proposed entered the phase of implementaion,the achievement of cooperation has been remarkable.However,the number of countries along OBOR is so large,and the situations between countries are so differential with regard to the politics,culture,economy and religion.Meanwhile,the problem of patent protection caused by Chinese enterprises' technology output makes OBOR Initiative accompanied with internal needs of cooperation on IP protection.As OBOR cooperation deepens into the regime issue,the requirements of the countries along OBOR in transitional development,as well as the IP output of Chinese enterprises,hasten the need of unified IP proection,however,it restraints the development of OBOR cooperation due to the absence of IP cooperation rules along OBOR,the remarkable differentiality,and the weak cooperation desire,therefore it is urgent to intensify the IP cooperation.Therefrom,there are two questions expected to clarify:firstly,whether the gains difference caused by the rule absence and differentiality of OBOR IP protection presents the same nature of the dilemma the international IP regime undergoes now which is centralized on TRIPS Agreement;secondly,whether the interest imbalance to some extent constitutes an exemption of OBOR Initiative IP protection cooperation? Under the background of huge differentiality along OBOR and absence of the power of US or EU,it is the question this dissertation tries to solve how China will help to constitute OBOR IP protection cooperation rules,and how China carries out the cooperation.This assertation follows the routine of putting forward question,analysing question and resolving question to start writing.Firstly,at the phase of putting forward question,the assertation raises the reality that it would cause interest imbalance between countries with the absence of IP protection rules cooperation and the huge differentiality of rules.Secondly,at the phase of analysing question this assertation elaborates three issues:one involves constructing the power of discourse on OBOR IP protection;and then the judgement on what is the fundamental contradiction of OBOR IP cooperation;another concerns under the condition of gains difference,what is the dynamics of OBOR IP protection cooperation;the final part of this assertation,at the phase of resolving question,discusses the construction of IP protection rules,the implementation of OBOR cooperation,and the protection of Chinese enterpries' IP interest overseas.Except introdcution,this assertion is divided into four parts.The first part starts with empirical analysis on the IP agreements along OBOR,then summaries the complexity,differentiality of IP cooperation along OBOR,and the possible consequences of interest imbalance.Firstly,this part analyses and summaries the IP agreements along OBOR.Then,this part puts forward the flaws of agreements,and the possible development imbalance between countries.The second part consists of theoretical analysis on IP cooperation along OBOR so as to provide guidence for IP rules construction and cooperation implementation.Firstly,this part starts from the theory of discourse,and proclaims the essence of present international IP discourse which is controlled by US and EU and serves for their interests,and puts forward the problem of consructing OBOR IP discourse.Secondly,this part analyses the fundamental contrdiction lying in IP cooperation along OBOR through dialectical analysis and dynamical interest balance theory,points out the existing contradiction is that the insufficience of creation is not able to meet development requirements of the countries,and protecting and cultiviting the capability of creation is the key function of IP cooperation as well as keeping relative balance between creation and dissemination.At last,this part points out the countries along OBOR still takes active part in cooperation due to absolute gains,also stresses that the essential distinctions should not be blurred between objective difference and difference caused by the unfair international IP regime,and puts forward that absolute balance should not be pursued.The third part discusses the problem of IP rules constructing along OBOR.Firstly,this part ponders the flaws of present international IP laws and IP cooperation rules,points out that rules constructing should establish the principle of sustainable development,and the legitmacy basis on relative and dynamic interest balance.Secondly,from the external perspective of the law,the way should be followed that the rules in accordance with common interests should be pursued and perfected.For the TRIPS-plus provisions,optional rules and general rules should be set firstly,and then transform gradually to imperative and concrete rules.At last,this part points out that our country might follow two editions of agreements text,one with a high standard and the other with a low standard.However,no matter which edition,we should insist on provisions with essential interest,and the key points including stable form,key articles,MFN articles,NT articles,the harmonization of IP articles between trade agreements and investment agreements,the clarification of some terminology.The last part discusses the problem of implementation of cooperation of OBOR Initiative.Firstly,this part presents the logic of IP protection through rectangular coordinates,clarifies the challenge under global IP value chains that each country and enterprises face.Secondly,this part elaborates the way that Chinese government should follow during OBOR cooperation,and put forward a routine called soft model.At last,this part discuss the problem of Chinese enterprises' IP protection overseas.