A Research On Some Legal Issues Regarding The Intellectual Property Rights Of Multinationals' Investment In China

Knowledge and information have been the essential objectives for the competitive power of the company since the economic globalization and knowledge economy times came.The investment invested by the multinationals in China involves more and more contents with respect to the intellectual property rights.The legal issues arising from it have great affect on the Chinese competitive circumstances,to which we shall pay more attention and do more legal research.Except the Preface and Epilogue,this paper consists of 3 chapters.Chapter 1 set forth the function of the intellectual property upon the overseas investment of the multinationals.First the author analyzed the natural and social characteristics of the intellectual property rights as the investment objectives.Then the author expounded the positive and negative influence imposed by the intellectual property rights system of the host countries to the investment of multinationals. Therefore,the author induced that the intellectual property rights have great effect to the overseas investment of multinationals.Chapter 2 analyzed some legal issues on the investment invested by multinationals in China with respect to the intellectual property rights mainly focusing on the issues of intellectual property rights contribution and competition. For the issue of intellectual property rights contribution,the author first introduced the laws and regulations regarding it in China and then provided some faults based on the foreign investment practice.For the issue of competition,on one hand,some multinational companies have the dominant position in Chinese market upon their advantage in intellectual property and on the other hand they abuse the intellectual property rights to obstruct the equal competition of the companies.Chapter 3 analyzed the reasons which might cause the above mentioned legal issues and then set forth the suggestions to solve those problems.Herein,the author first expounded the external reasons:the gap of science and technology development between the developed and developing countries is even broadening;the status of developed and developing countries is unequal under the system of TRIPS.Then the author analyzed the internal reason of China:the legal sense of Chinese companies to protect their own intellectual property rights is weak;the anti-monopoly laws and regulations related to the intellectual property rights in China are not completed.In the end,the author put forward that the developing countries including China shall response the intellectual property rights advantage of the developed countries with the legal method both of national laws and international laws and rules.