Strengthening And Limitation Of The Protection Of The Intellectual Property Rights In China Under The Globalization Background

How to protect rights and how to limit them are the everlasting topics of law. For one of natural characters of right is to expand unlimitedly, and the interest existing of others and public are the limitations of absolute rights. So setting up institutions for right borders as well as expanding protection is also one of tasks of law. The old limit system of intellectual property rights have safeguarded the balance between benefits of right holder and public by right ranges,right time limitations, legitimately using, legally licensing, mandatory licensing and so on. The new economic has been influencing and challenging the limitations of IPR. In the circumstance of strengthening protection, the IPR tends to enlarge and come into a tool of the developed states. The unbalance led the right limitations to uselessness in practice even going to pieces. On the experiences of foreign legislatures, the thesis analyses the necessity, feasibility, lack of our limitations of IPR. Especially, the author puts forward three relative suggestions to our law circumstance: the inner perfection of the intellectual property law, the outer perfection by the anti-monopoly law to the abuse of intellectual property right and the use of IP tactics to limit rights extension. The perfection aims at legally exercising rights, effectively restraining the abuse of intellectual property right and better preserving the benefits for public and state.The theme comes from one article of my teacher, which sets its foothold on comparison among different law departments, focuses on questions of cross-law departments. The thesis thinks over once again the advantages and disadvantages about expanding IPR in the new economic environment and expresses its anxiety on the prospect of developing countries'knowledge and technical industries.The thesis is made up of three parts, its investigative thread in detail as follows:...