A Comparative Study On Legal Protection Of Intellectual Property Between TRIPS And Our Country

TRIPS establishes the fundamental principal and the minimum standard of protecting the intellectual property for the numbers of the World Trade Organization (WTO). After entering the WTO, our country must comply with the duties stipulated on TRIPS and amend the provisions, which contravene this agreement. Therefore it's necessary to study whether our current intellectual property law is suited to the requirement of TRIPS. Focusing on legislation and judicature and basing on the structure of TRIPS, this thesis makes a good comparison between the intellectual property law and TRIPS . Through analysis and comparison, the following conclusion can be drawn: from the perspective of substance, our country has come up to the requirement of TRIPS in many fields, such as the Patent Law, however the law in some fields is not too perfect, such as the Trademark Law. Now in China the main disparity focuses on the procedure of enforcing the intellectual property law, which is manifested on the lack of the explicit provisions or on the provision that is too principled to practice. With regard to the disparity mentioned above, we should perfect the intellectual property legal system according to the standard of TRIPS. Based on this point, this thesis puts forward the legislative protection, expecting to establish our country's perfect intellectual property legal system and to make it enter the international system.