Research On The Evolution And Trend About International Intellectual Property Rights Protection System

Since 1940's, centered on the General Agreement on Tariffs and Trade (GATT) and its successor-the World Trade Organization (WTO), a new international trade system was initiated and formed after World War II, which promoted the economic globalization. At the same time, the intellectual property rights protection system moves from the traditional domestic intelligence achievement protection to the international market. The new international trade order has brought the internationalization of intellectual property rights system. At present, the commodity with knowledge contents plays the important role in international trade, and it has become common trend to strengthen the intellectual property rights protection. Trade-related intellectual property rights have already become the most important ways and means in the competition of international trade. Along with the acceleration of the economic globalization and the development of knowledge economy, the creation, possession, utilization and the protection of knowledge and intelligence resources in the form of intellectual property rights have already become the key competitive advantage among countries and enterprises, which has also become the more and more important impelling force on national economic development and the social progress.The dissertation mainly uses the means of theory construction and comparative analysis. After the brief outline on the current international intellectual property rights protection and the current situation about the international trade-related intellectual property rights, discussions on the economic connotation and practical implications on intellectual property rights protection are focused. Then comparative analysis on the intellectual property rights protection in USA and Japan is carried out, their experience of international protection of the intellectual property rights is summarized, which will be of good hints to China Starting from 1980's, the system of intellectual property protection has made a great progress in China, and it was accelerated to meet the requirements of TRIPs agreement before entering WTO. Up till now, the system of intellectual property protection in China has satisfied the TRIPs in many respects while it fallsshort mainly on the execution of law. In addition, there are great flaws in patent rules in China compared to that in developed countries. The major problem is the fewer applications of patent-holders. Many patents held by foreigners will awfully restrict the economic development. Also revealed is the weak patent consciousness of enterprises and individuals. The dissertation also combines the intellectual property rights with international trade, the development trend of international intellectual property rights protection is analyzed and forecast from its evolution and the current situation. In the end, proposals and measures are projected to protect the intellectual property rights accordingly.