Legal Regulation On Abusing Intellectual Property Right In International Trade

Intellectual property right is that allows the right owner to exereise certain right exclusively within a certain time. The purpose of the Intellectual property rights is to protect the individual rights of the owner of the Intellectual property rights. And it is goog for the spreading of knowledge and the technological advances in the society. With the emergence of the phenomenon of the abusing of intellectual property rights, the fare market competition,technological advancement the liberalization of international trade are all hampered in some way. In recent years, our country pay more attention to intellectual property protection in order to adapt to the requirement of WTO.However,we have ignored the problem of the abuse of intellectual property rights. Consequently, it is necessary to research this problem further.There are four chapters in this paper. The first chapter introduces the different meanings of the abuse of intellectual property rights in different countries,it contains main types of intellectual property abuse and the regulations of intellectual property abuse.The second chapter studies the regulations intellectual property abuse and some regulations of《Paris Convention on the Protection of Industrial Property》,《Havana Charter》and《Agreement On Trade-related Aspects of Intellectual Property Right》;the third chapter respectively introduces the regulations of the legislations of intellectual property rights abuse and the practices of EU,the USA and Japan;the fourth chapter explains three cases of intellectual property rights abuse in China in order to introduce the situation of intellectual property rights and the regulations of intellectual property rights abuse of China,then proposes the problems and raise several suggestions to improve the the legal system of intellectual property abuse in China.