An Analysis On Intellectual Property Right Protection In International Trade And China's Countermeasures

As it is fourth year after China's entry into the World Trade Organization, it has been into the half-past-transitional period. As economic globalization processes and China is being in line with international standards, China has been fulfilling the entry promises progressively, and tariff barriers have already been reduced by a large margin. Intellectual Property Right competition tide that the trans-corporations raise is striking the industry and enterprise of China constantly. The international environment of Intellectual Property Right that domestic enterprises face is more severe. Intellectual Property Right crisis is appeared day by day. Therefore, it is much urgent to study the rules of Intellectual Property Right Protection in the world and countermeasures of China.This Paper aims at introducing relevant concepts in Intellectual Property Right protection in details, and aims to put the relations between Intellectual Property Right Protection and relevant concepts in order, to know well the development and characteristics of Intellectual Property Right Protection system in the world in depth, to use the successful experience that U.S.A. perfects Intellectual Property Right Protection system for reference, to analyze Intellectual Property Right Protection system current situation of China and the problems we face at present, and to reach the conclusion in the half-past-transitional period entering WTO, China should implement positive Intellectual Property Right Protection and appropriate right limited tactics.In Part one, the theme of this Paper --Intellectual Property Right Protection in international trade is introduced by China's enterprises' suffering from USA "337 investigations".In Part Two, several relevant concepts, such as Intellectual Property Right, Intellectual Property Right Protection, Intellectual Property Barrier, etc. are defined. In this Part, I have introduced the concepts and intension of these three terms at first, then introduced one's own characteristics again. In this Part the compositions to the international Intellectual Property Right Protection system has been introduced in details. Especially the situation to TRIPs agreement under WTO frame has been described in depth.Part Three carries on theory analyses, separately from four respect relations. Relations between Intellectual Property Right and economic competition, relations between Intellectual Property Right Protection and scientific, technical innovation, relations between Intellectual Property Right and International trade, relations between Intellectual Property Right Protection and distribution of interests between the developing countries and the developed countries.Protecting Intellectual Property Right can make the expectancy of repayment from investment on technological development and innovation more clear, thus the obligeeis encouraged to compete; it can also make obligee prevent others from making a profit from his/her creations freely even illegally, and then can protect the proper and fair competition order; It can attack on fake and inferior commodity, thus can protect the consumers, All mentioned above are consistent with promoting economic competition; However, Intellectual Property Right is the monopoly protected in a kind of legal meaning. It is the man-made obstruction that prevents knowledge resource flowing and spreading freely. The monopoly in such legal meaning will form monopoly in the economics meaning sometimes. The obligee even can abuse Intellectual Property Right sometimes. This is the other side that protecting Intellectual Property Right conflicts with economic competition.Intellectual Property Right was born of the revolution in science and technology, is changing as well. It is closely related to two new and high technologies of network and gene. Meanwhile, Intellectual Property Right Protection interacts with scientific and technical innovation.Intellectual property Trade is an important part of international trade. Uruguay Round lists Intellectual Property Right in the topics of trade negotiation. Going after the trade in goods and after trade in service, Intellectual Property trade is now one of three major pillars to structure WTO. Protecting Intellectual Property Right can attacked encroaching right, investigate prosecute, imitate trade mark, pirate books, the CD and image materials, etc. thus it is favorable to the development of international trade. However, excessive intellectual property protection, the abuse to the protective measure is extremely apt to construct Intellectual Property barrier, it is unfavorable even the serious obstacle to the development of international trade.There is inclination that interests is out-of-balance in Intellectual Property Right Protection under TRIPs frame. That TRIPs agreement represents the wills of the developed countries, it protects the interests of the developed countries to the maximum extent, but regardless of the impression of developing countries, it ignores the national conditions of developing countries. To developing countries, it is only an exaggerating goal to strengthen intellectual property protection. Developing countries called upon in many ways since 1996, demanding to revise TRIPs agreement, to pay more attention to the special benefits of developing countries. Declaration that WTO issues at a new round of Intellectual Property Right topic and meeting of Doha in 2001 in MTN (Multilateral trade negotiation), benefit and social public interests of developing countries have already caused the attention of the World Trade Organization to combine the rising space agenda. The balance of TRIPs agreement will recover slightly.The fourth part illustrates U.S.A. federal law and states law legislative system, legal structure that written law combines with law of legal precedent, the judicature mechanism taking touring appellate court as the core. I have introduced the composition of the administrative protection system of U.S.A's Intellectual Property Right. Especially close attention is paid to Intellectual Property border protection of U.S.A.. Enlightenments appear finally.The fifth part analyses from the real example of China. The current situation ofIntellectual Property Right and the achievement made in Intellectual Property Right Protection in China during recent years are analyzed. And the existing problems of Intellectual Property Right Protection of China are found out.Finally, the sixth part draws conclusion, proposes Intellectual Property Right Protection tactics that we should take in the half-past-transitional period of China's entry WTO- to Implement positive Intellectual Property Right Protection and appropriate right limited tactics. And it is divided into three aspects to explain in details.