Restriction On Intellectual Property Rights In International Trade

Restriction on intellectual property rights, like protection of intellectualproperty rights, is an important part of the intellectual property system, whichincludes not only inside restriction, such as fair use, but also competition lawand other external legal restriction. Although in the international communitydoes not yet exist any treaty, specifically the one that restricts intellectualproperty rights, in the face of increasingly powerful intellectual propertyprotection, how to restrict intellectual property appropriately and effectively,in order to balance the relations between private rights of intellectualproperty holders and public interests has become an essential topic of theinternational community. It is gratifying that, in the framework of the WorldTrade Organization, members have reached some agreements which are setin "Agreement on Trade-Related Intellectual Property Rights" (the TRIPSAgreement). TRIPS Agreement makes some restrictions on trade-relatedintellectual property, which lay a strong basis for members to make certainrestrictions on intellectual property in their domestic law.Regarding restriction intellectual property rights in international trade asthe research subject, this paper makes in-depth study on some clauses ofinternational treaties related with intellectual property restrictions,particularly the restrictions on intellectual property rights in the TRIPSAgreement. In the paper, the first chapter epitomizes the origins, types ofintellectual property restriction and the restriction from international treaties and domestic laws. The second chapter analyzes the restriction on intellectualproperty which is set in TRIPS agreement. On this basis, the paper makescertain analysis on the intellectual property legislation in our country, andgives some suggestions. The third chapter, which is set on the analysis of theprevious two chapters, clarifies the practical application of the restrictionprovisions of TRIPS Agreement in international trade, according to the Panelreport of WTO Dispute Settlement Body in Canada-Patent Protection ofPharmaceutical Products, from an empirical point of view. And the final partis a brief conclusion of the restriction on intellectual property in internationaltrade, related in this article.