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Study On The Trade Laws Of International Intellectual Property Rights License

Posted on:2006-03-09Degree:MasterType:Thesis
Country:ChinaCandidate:Y F LiFull Text:PDF
GTID:2166360155464769Subject:International Law
Abstract/Summary:PDF Full Text Request
" Rivers will be floating forever no matter mountains' prevention". After Fifteen years' difficult negotiation, China had stepped into WTO at last, and has become a member of WTO. It is an important event for the development of Chinese and world economy. It marked that our opening system and modernized construction has entered a new stage, this is to some extent a landmark.After joining WTO, our economy, society, culture and other areas have changed to some certain extent. Rule of law shows its importance first. The intellectual property rights license, as one of the rule, is no exception. Intellectual property rights license means to transfer other rights under non-transferring the property rights of the intellectual property rights, that is the person who owns the intellectual property rights or the empowered person, permits the other side- the permitted person to carry out the legal action of his intellectual property rights within the arranged limits. It is the most important problem in the intellectual property rights area. It is the central problem in the current international trade.The basic form of the multinational intellectual property rights license, is that of international permission agreement or is said international permission contract. For the person who owns the intellectual property rights (the permitting side), the international permit agreement is the valid way for him to carry out the rights and realize the economic benefits. For the permitted side, it is the most direct legal form to obtain the right of use to the intellectual property rights.Although international intellectual property rights license benefits the expansion of the technique spread and improves the intellectual property rights combining to the other essential factors of production, at the same time it also has its negative effects, thatis the common limited business behaviors in the license trade, every country in the world has ruled it according to the law.In our country, there is not a unified code or rule of law which can provide the protection of the competition which includes anti-monopoly behaviors and anti-illicit competition behaviors at present. How to build and improve the legal environment of the trade of the intellectual property rights, standardize our foreign economic trade activity. Regulating the behaviors of the monopoly or limited competition, which concerned with the intellectual property rights in our market has become the most important duty and task, which our legislative body can never avoid now.
Keywords/Search Tags:Intellectual property rights, Limited business behavior, International permission agreement, Permission
PDF Full Text Request
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