IPR International Protection And National IP Strategy

Intellectual property rights international protection therein is referring to a comparatively uniform legal system come into being by harmonizing related countries' domestic intellectual property law,which is in the basal form of international convention,international intergovernmental organizations as coordinator.World Intellectual Property Organization and World Trade Organization are the two main international forum where IP issues are discussed on the international level.They manage to achieve the objective to make protection of IPR internationalization and integration, with the methods of constituting and executing intellectual property international treaties they respectively administer,including <Paris Convention for the Protection of Industrial Property>,<Berne Convention for the Protection of Literary and Artistic Works>,<Patent Cooperation Treaty>,<Agreement on Trade-Related Aspects of Intellectual Property Rights>,and other important treaties.The present IP international conventions deal with every domain of intellectual property rights,and gradually enlarge their extension as the development of IPR legal system. Besides protection of creative productions,the newest consideration of IPR international protection system is to protect the "headspring" of creation-traditional knowledge and genetic resource.Intellectual property rights have become interest focus in competition among different countries and corporations,and played a more and more important role in social and economic development.As the evolution of economic globalization and informationization,not only special IPR international organization such as WIPO started the program to constitute international regulations to protect IPR globally,but also international trade organization such as WTO and in the domain of international investment, IPR issues were comprehensively discussed when constituting related multilateral-agreements.USA,Japan and other developed countries as well as some developing countries raised intellectual property issues up to national strategic emphasis,in order to increase the IPR national and international protection extent.According to current global environment, China also put forward the assignment to constitute national intellectual property strategy,and issued the <Outline of National Intellectual Property Rights>.Carrying out IP Strategy in China is a strategic choice in new times and new trend,consistent to the needs of social and economic development in our country.Chapter?,Chapter?,Chapter?,set forth the history,actuality and lately development of intellectual property rights international protection system.International society launched out into constituting multilateral-regulations on IPR protection since <Paris Convention> was subscribed in 1883 and <Berne Convention> in 1886.Henceforth,IPR international protection system advanced rapidly along with World Intellectual Property Organization was founded in 1970 and World Trade Organization brought IP issues into international trade law framework.At the present time,IP issues were discussed on the international level in two main international forum:WIPO and WTO.WIPO administers 24 international treaties referring to every aspect of IP protection,including substantial regulations which establish IPR protection standard for all member states and procedure regulations to establish global IPR protection system and process rights classification.TRIPS contained in the WTO multilateral trade agreements.TRIPS is the most influential international convention as to IPR protection.TRIPS stipulates a high-standard IPR protection system.But the developed countries dominate the establishment and execution of TRIPS,results to neglect the developing countries' interest.The present IPR international protection system is helpless to refrain abuse of traditional knowledge and genetic resource,that damages the countries' economic interest which are in possession of traditional resource.Therefore,besides protection of knowledge creative productions, international society begins to pay attention to protect the "headspring" of creation-traditional knowledge and genetic resource.Intellectual property protection system could promote effective protection and utilization of traditional knowledge and genetic resource.WIPO and WTO/TRIPS commence to investigate how to constitute multilateral-regulations on traditional knowledge and genetic resource protection.Intellectual property rights international protection system is an important part in IP Strategy.Chapter?in this text introduces the background to constitute National IP Strategy and the primary content of < Outline of National Intellectual Property Rights >,and analyses the part relating to IPR international protection system therein,including IP law and regulation,IP enforcement and administration system,execution the law to protect IPR,and so on.Chapter?clarifies two basic problems about IP international protection:the relation between economic development and IP international protection and the attribute of IPR.As a manufacturing and developing country,China should reinforce the protection of IPR in favor of carrying on external trade and promoting economic development.On the other hand, IPR international protection system should establish on the base of balancing IPR's attribute of private fight and its public policy object,as well as balancing the relationship between IPR and human rights.Chapter?puts forward some suggestion to deal with the present IPR international protection system and promote the development of IPR international protection system,when China puts National IP Strategy into practice.China should actively participate in constituting and amending IPR multilateral-regulations,effectively make use of present regulations on rights restriction,consummate domestic IPR protection system,and establish IPR information-searching system and early warning and emergency mechanism of IP.On the circumstance of globalization and informationization, reinforcing IPR international protection is not only complying with IP international treaties China has joined into,but also consisting with the needs of social and economic development in our country.Accordingly,it is necessary to comprehensively study on IPR international protection system,intensify the understanding of the system's actuality and current, and set down relevant countermeasure according to such research,when executes National IP Strategy.