Research Of Enforcement Of The Protection Of The Intellectual Property Of China Under The Vision Of TRIPS

The enforcement of the intellectual property protection laws refers to the legal system and the legal procedure of the protection of the intellectual property rights, which is the important part of the protection system of the intellectual property rights The objective of the enforcement of the intellectual property protection laws is to restrain the infringement of the intellectual property rights as well as to provide expeditious remedies and protection for the holders of the intellectual property rights, which constitute a deterrent to further infringement. As one of the basic document of WTO, TRIPS (Agreement on Trade-related Aspects of Intellectual Property) stipulates some special items about the protection of the intellectual property rights. These items prescribe the detail requirement about the general obligations, civil and administrative procedures and remedies, provisional measures, special requirement related to border measures and criminal procedures. China has already augustly made the commitment to fully and completely implement TRIPS when China enters WTO. In recent years, China has made much progress on the protection of intellectual property rights, but the infringement of the intellectual property rights is still serious. The condition of the enforcement of the intellectual property protection laws is especially terrible. This thesis focuses on the research of the difference between the requirements of TRIPS and the fact of China's practice about the enforcement of the intellectual property protection laws, adopting the method of combination of the theory analysis and comprehensive comparison based on the framework of the requirements stipulated on TRIPS. Finally, the thesis provides some suggestions for the establishment of our country's enforcement system according to the requirements of TRIPS.The thesis discusses the enforcement of the intellectual property protection laws of our country in the view of TRIPS. There are four chapters in the thesis.The first chapter outlines the main content and gives a brief introduction about the intellectual property protection laws and TRIPS. Also it analyzes the links between the intellectual property protection laws and TRIPS. Therefore it introduces the necessity of establishing an enforcement system according to the requirement of TRIPS.The second chapter introduces the requirements of TRIPS on the enforcement system of member states concerning the general obligations, civil and administrative procedures and remedies, provisional measures, special requirements related to border measures and criminal procedures.The third chapter sums up the condition of the enforcement of the intellectual property protection laws of our country. Then, it analyzes the main difference between our country's practice and the requirements of TRIPS about the enforcement of the intellectual property protection laws.The fourth chapter is some suggestion about the establishment and improvement of our country's enforcement of intellectual property rights according to the requirement of TRIPS, based on the actual social and economic condition of our country.