A Study Of US-china Intellectual Property Right Trade Friction

In 2018,the Trump administration of the United States announced the implementation of sanctions against China's tariffs on imported goods on the grounds that China failed to effectively protect intellectual property rights and force technology transfer,and repeatedly expanded the scale of trade sanctions against China's counter-measures.The unprecedented trade friction on the grounds of intellectual property protection in the United States not only has a major impact on China's import and export trade,but also has caused great shock to the entire world economy.So why should the United States launch this intellectual property trade friction? What kind of impact or consequences will this US-China intellectual property trade friction have on China's exports? How should China respond to the growing US intellectual property trade friction with China? How to prevent and resolve the major risks that may arise from increased trade friction? These are major theoretical and practical issues that urgently require in-depth discussion in the theoretical community,and this thesis tries to respond to these questions.In addition to the introduction,the research content of this thesis mainly includes the following five parts:The first part(the second chapter of this thesis)focuses on the basic concepts related to intellectual property trade frictions,such as trade barriers,trade frictions,intellectual property rights,intellectual property protection,intellectual property trade barriers,and intellectual property trade frictions;Basic theories on intellectual property trade,such as Marxist theory of free trade and tariff protection;mercantilistism and trade protectionism theory;free trade theory;intellectual property protection theory in new international trade theory.Through the interpretation of these concepts and the analysis of basic theories,the theoretical foundation is laid for the later research.The second part(the third chapter of this thesis),from the perspective of law andinternational law,studies the historical process of the creation and improvement of various laws and regulations protecting intellectual property rights in the United States,as well as the trade-related intellectual property rights of the United States and the WTO.Legal provisions related to the Counterfeit Commodity Trade Agreement.On the basis of this legal background research,the paper studies the different ways and countermeasures of the historical development,different characteristics and trade frictions of Sino-US intellectual property trade frictions before China's accession to the WTO and China's accession to the WTO.The third part(the fourth chapter of this thesis),after Trump was appointed as the 45 th president of the United States in January 2017,pursued the "America First" unilateralist policy orientation and took the lead in provoking intellectual property protection as the main reason.An unprecedented scale of trade friction with China.In this part,the thesis first comprehensively analyzes the development and evolution process of trade friction with China,which is the first reason for the protection of intellectual property rights in the United States.It concludes that that this round of intellectual property trade friction has the new characteristics of three aspects: the diversification of allegations,the unilateralization of solutions,and the comprehensive scale of punishment.On this basis,Trump launched the three major reasons for the domestic economic reasons,political reasons and the tremendous changes in the world political and economic environment for the unprecedented scale of intellectual property trade friction with China.From this perspective,from a multi-angle and deep-level study,Reveal the characteristics and causes of this round of intellectual property trade friction.The fourth part(the fifth chapter of this thesis)is an empirical study on the impact of China's products exports when importing countries enhance the protection of intellectual property rights.This part is based on the trade data of the HS6-digit products of the world's import and export trade from 2006 to 2017 in the CEPII-BACI database.After preliminary screening of the original data,a total of12,261,574 groups and 73,569,444 valid data were obtained.According to the collected products' trade value and trade volume of 10 countries or regions includingthe United States,we calculate the extensive margin,intensive margin,price margin and quantity margin of China's product exports trade.After the expansion of the gravity model,we measure and analyze the impact on China's product exports when importing countries enhance the protection of intellectual property rights.The results show that the United States builds intellectual property trade barriers under the name of intellectual property protection,and based on this ground,it initiates intellectual property trade frictions against China,which will inevitably have a negative impact on Chinese product exports.The fifth part(the sixth chapter of this thesis),based on the study of coping experience of Japan and South Korea in dealing with the intellectual property trade friction with the United States,combined with the game theory and the conclusion of the Axelrod repeated prisoner dilemma experimental: in the occurrence When trade frictions,the TIT FOR TAT strategy is not the strategy with the highest score or the highest return.Choosing all-cooperate strategy is better than choosing TIT FOR TAT strategy,and it is more favorable to propose China's response to US knowledge of China.The countermeasure against the trade friction of property rights is to abandon TIT FOR TAT strategy,but to choose all-cooperate strategy.Under the guidance of this general idea,the fundamental way to resolve the intellectual property trade friction between China and the United States is to comprehensively enhance and improve China's social intellectual property protection awareness and institutional mechanisms;comprehensively improve the R&D resources of China's state and enterprises;Further openness and liberalization stimulate the powerful endogenous power of innovation.