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Study On Legal Issues Of Technical Trade Measure Combined With Intellectual Property

Posted on:2009-11-18Degree:MasterType:Thesis
Country:ChinaCandidate:P TanFull Text:PDF
GTID:2166360272990948Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Technical trade measures are used more and more by countries all over the world and exert a great influence on China. This is becauce that more and more countries have recognized the importance of the protection of life or health of human, animal or plant, of the environment, of the benefit of consumer, especially reduction of resouce and energy sources. In recent years, China has confronted a series of cases such as the CR statute by European Union, the V-Chip child lock on television sets by the America. These cases show the trend that a lot of technical trade measures are combined with intellectual property. This new type of technical trade measure has a greater effect on trade, so we should study it and find out the countermeasures.This dissertation is written to show the government and enterprises how to do with the technical trade measures combined with intellectual property. There are three chapters in this dissertation. Chapter 1 introduces the norm of technical trade measures and the trend that technical trade measures are combined with intellectual property. First, it introduces the concept, main content and characteristic of technical trade measure. Second, it shows the forms, characteristic and influence of technical trade measures combined with Intellectual Property. Chapter 2 analyses this new type of technical trade measure in two aspects. One is to judge the legality of technical trade measure according to WTO rules. The other is to judge whether the owner of the intellectual property misuses his right or not. Chapter 3 raises some suggestions. The government should make full use of the rules of WTO, perfect the construction of standardization in our country and set up the rules of anti-monopoly law to regulate the misuse of intellectual property. The enterprises may ask for remedy according to the importing country's anti-monopoly law. But the essential measure is to enhance the consciousness of standardization and environmental protection of enterprises.
Keywords/Search Tags:technical trade measure, intellectual property, anti-monopoly
PDF Full Text Request
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