The Causes And Coping Strategies Of Chinese Enterprises In Intellectual Property Disputes

At the time of knowledge economy, knowledge innovation which is based on technology innovation is the fundamental driving force for a business, an industry as well as national economic development. In recent years, the United States and other developed countries try to use the intellectual property to control the global market. The protection for intellectual property has been strengthened in the world. Intellectual property disputes caused by application and infringement of intellectual property have increased. And economic globalization fuels this trend. The locality of intellectual property raises the frequency of disputes on it. Intellectual property disputes have inevitably become the focus of enterprises who are involved in the international trade. The barriers set up by Chinese and overseas enterprises have impeded the development of Chinese enterprises. It is difficult for the Chinese enterprises in the first stage of going out to handle the rushing stream of foreign intellectual property disputes. It is also an obstacle for Chinese enterprises to go aboard.Chinese scholars have done some research on foreign intellectual property disputes which Chinese enterprises usually involve in. But the lack of a comprehensive, systematic explanation of the major countries' intellectual property protection system and the lack of the response to it is still a problem for us to solve.In this paper, the general theory of international intellectual property system has been employed with the combination of its own characteristics and existing intellectual property protection. Starting from the causes and characteristics of the intellectual property disputes and the introduction of foreign intellectual property dispute resolution mechanism, this paper gives some advices and suggestions on resolution to intellectual property disputes.This paper is divided into four parts:The first part analysis the cause of intellectual property disputes from the macro and micro aspects. It presents the current status of intellectual property disputes and sums up the characteristics of intellectual property disputes between Chinese enterprises and foreign companies. It also shows the internal characteristics of other countries'(or regions) foreign intellectual property disputes.The second part generally presents the characteristics of foreign intellectual property dispute resolution mechanisms, introduces and emphasis the world's major countries' protection of intellectual property rules, particularly the United States intellectual property system and policies and relevant government and the judiciary department.The third part proposes the specific measures for China's business to deal with foreign intellectual property disputes. In the specific measures, emphasis has been laid on the response to U.S.'s 337 survey and German's temporary ban.The fourth part designs the long-term strategy for Chinese enterprises to handle foreign intellectual property disputes, in terms of strategy formulation, dynamic creation of early warning and reserve of intellectual property rights.This paper also suggests that Chinese enterprises should strengthen the study of IPR disputes settlement mechanism of foreign business, learn from their success and actively respond to foreign intellectual property disputes. Meanwhile, our government should carry out further investigation and comprehensive study to protect the intellectual property rights for Chinese enterprises, and actively assist the defense of Chinese companies in aboard.Because this paper is the result of the research for strategy of intellectual property protection abroad, it doesn't involve domestic intellectual property protection. But it gives warning on the existence of crisis in the domestic intellectual property protection.