Comparative Study On International Protection Of Intellectual Property

The dissertation adopts the methodology of historical analysis and comparative analysis to discuss the typical issues of protection of intellectual property rights in a trading world economy. The Issues mainly relate to international protection of intellectual property rights under TRPIPS (Trade-Related Aspects of Intellectual Property Rights) agreements, protection of appropriate approaches of computer programs and trademark under the internet environment, and restrictive business practices and international technology transfer and border protection rules of intellectual property rights.Section one illustrates international protection of intellectual property rights under TRPIPS agreements i.Starting from“Microsoft's Black-out Screen”, section two retraces the development process of computer programs protection, and sum up computer programs as the object of copyright protection, then to comparatively analyze protection diagrams of computer programs following up with the discussion of appropriate approaches of computer programs protection according to piracy issues, and lastly to interpret existing controversies among China's legislation and enforcement for computer programs protection based on today's situation.Section three considers trademark protection of internet environment. Under the development of the internet, technology and boundless of internet characteristics fiercely shock traditional theories of trademark law on a continuous way in internet world. Trademark rights defined by traditional conception have the trend of extension in the internet on one side, and also other rights such as the emerging of domain name rights continuously deepen the conflicts with trademark on another side. Traditional trademark protection law can not be used for the complicated disputes of internet trademark. So how to protect trademark in international world has become an urgent problem to be solved under new internet environment.The section is consisted of four parts. Open from trademark function changes of internet perspective, part one analyzes the challenges faced by traditional trademark protection of internet environment, provides that international protection rules for the trademark should adopt two representative rules-UDRP (Uniform Domain Name Dispute Resolution Policy) and“joint recommendation concerning provisions on the protection of marks, and other industrial property rights in signs, on the internet”from WIPO (World Intellectual Property Organization). Part two focuses on the conflicts between trademark and domain name to concretely interpret the system of UDRP. Part three concentrates on the disputes about trademark usage of the internet with analysing“joint recommendation”from WIPO. Through the analysis of UDRP and“joint recommendation”, part four summarizes trademark protection trend under internet environment, and proposes to build up an interest-balanced trademark protection system while opposing to restrict trademark rights.Section four discusses the issues from restrictive business practices law of international technology trade. Restrictive business practices prevail widely in the field of international intellectual property trade, which prevent the development of international technology trade and do harm to the exertion of international protection for intellectual property rights. Also restrictive business practices of international technology transfer relating to competition law, intellectual property law, international law, contract law, international trade law and other fields should consider more complicate factors because of its coverage of these laws and interest groups deriving multiple formalized rules. Beginning from restrictive business practices of international technology transfer, this section provides some viewpoints of the adjustments for restrictive business practices through theoretical analysis, legislation comparison, history retrospection, analysis and suggestions.Section five discussed border protection law and regulation of intellectual property rights. In recent years, international trade has been boom up, meanwhile the number of international trade among whom the prejudices of others intellectual property rights are conducted is ramping up. According to the data of WCO (World Customs Organization) regional forum on protection of intellectual property rights in 2004 disclosed by WCO, yearly trading business for world fake commodities is in excess of 500 billion Euros, accounting for 7% share of world trade business. This trade business from infringed products not only destroys the rules of international trade, but also carries out a big threat to countries'safety and people's lives and health for fake and poor-quality commodities steadily penetrating the fields of astronautics, aeronautics, automobiles, foods, drug production and transportation. In order to restrain prejudice activities of intellectual property rights among international trades, international community and counties around the world not only reinforce the protection on the level of legislation, but also strengthen the protection of intellectual property rights on the level of enforcement, especially in the enforcement of custom border.The dissertation comprehensively researches TRIPS Agreemnets and“border protection policies of intellectual property rights”of main trade parties to summarize some practical disciplines which provide valuable suggestions to China's border protection of intellectual property rights.