On EU Intellectual Property Rights System

Since economy, science and technology's rapid development, the protection of intellectual property rights related have becoming an important topic to the study of international law. The EU is famous at this respect and its advanced experience is worth learning for China. The law source of EU intellectual property rights system, including three parties, they are basic treaty, international treaties which EU had joined or recognized like TRIPs and EU legislation. Apart from the law source, there are some mechanisms which can be divided into external coordination and internal system. The former emphasize the EU relying on what systems to realize external coordination. For instance, EU challenged other country's domestic law which beyond the WTO rules through WTO dispute settlement mechanism, also EU takes discriminating attitude of the same intellectual property rights field to the internal and external, so as to actively seek international cooperation and enlarge its international influence at the same time. Regarding the latter, first of all, EU makes efforts to unify law, thereby reduce the legal conflicts among member states and establish the authority of related EU law. The second is how to balance the member states' requirements between IPR protection and anti-monopoly, in order to prevent member states from abusing IPR or harm right holders' interests or holding with this kind of behaviors. The last matter is about judicial activism of European Court, remedy law's fatal disadvantages that are imperfection and hysteretic nature. Those legislation experiences and judicial techniques inspire us should strength Chinese IPR international protection. In addition, as the unique character of IPR, it's necessary to re-examine the status of case in the legal system and develop means of conflict laws for the unification of the substantive law in the future.