WTO And The Legal System Study Of Intellectual Property Trade Of Our Country

Intellectual property trade is the important part of intellectual property use. With the development of knowledge economy, every country in the word widely pay close attention to intangible commodity trade that is made mainly by assignment and license of intellectual property. Emerge of Agreement on Trade-related Aspects of Intellectual Property Rights of WTO provides legal basis and important opportunity for the research and development of Intellectual property trade.At present, Intellectual Property Trade has not been defined as standardization. However, it has been approved on the basis of technology trade, copyright trade, Know-How trade and other intellectual property trades. In the past, industrial property trades, including patent right and trademark right trade, were put higher premium than copyright trade and other intellectual property trades. In new century, the industry concentrated knowledge is quickly developing and other intellectual property use as well as technology trade all are greatly enhanced. However, theoretic study of intellectual property trade and its legal institutions still remains at the level of single technology trade and copyright trade, and is never studied in the whole.Intellectual property trade belongs to intellectual property use. It is defined as paid assignment and license for other men and organizations to use intellectual property. Intellectual property trade also is closely associated with intellectual property protection. Intellectual property protection is the premise of intellectual property trade. However, both are different in the particular emphasis. Intellectual property protection lays particular emphasis on the ownership of property and its legal institution, while intellectual property trade lays particular emphasis on transformation from ownership in static state into use in dynamic state. In this sense, intellectual property trade is a dynamic process of intellectual property assignment and license. In order to protect the interests of both traders and regulate the fair of intellectual property trade. It is indispensable to set up corresponding legal system of intellectual property trade.In the recent ten years, our country make a series of intellectual propertylaws one after another such as Trademark Law, Patent Law, Copyright Law, Anti-illegitimate Competition Law, Contract Law. These laws protect intellectual property trade of our country in certain degree. But they are so imperfect that it is difficult to meet the real requirement of intellectual property trade, which impedes the development of knowledge economy in certain degree.Intellectual property trade plays an important role in global economy competition. Emerge of TRIPS makes the study of trade reach a higher lever. TRIPS is different from past any intellectual property treaty. The biggest difference is that intellectual property is linked to trade. In fact, TRIPS provides every member state with a model for establishment of legal institutions of intellectual property trade. So, any member state, s intellectual property laws can't conflict with TRIPS. In international intellectual property trade, if a member state violates TRIPS regulation, it must receive international sanctions, which will result in heavy losses. Thus, our country should consult TRIPS and make our country' s intellectual property legal system perfect.Intellectual property trade legal clauses of our country are in different laws, which can't effectively regulate and safeguard intellectual property trade. If scattered legal clauses of intellectual property trade are integrated in a law, which will effectively promote the development of intellectual property trade.Through summing up and comparing the provisions about intellectual property trade stipulated in intellectual property laws of our country and TRIPS, writer puts forward the proposal of stipulating Intellectual Property Trade Law.