| Along with the accelerated process of economic globalization and the rapid development of science and technology, as a means to encourage and protect innovation, to promote social progress of mankind's development and economic development, the status of the intellectual property system has been historical promoted in economy and social activities, the intellectual property protection receives the international community's growing concern day by day. The reason of many developed countries could have a leading position in the world is closely linked to their earlier establishment of the intellectual property strategy. However, the technical monopoly of many developed countries and their multinational companies seriously obstacle the smooth conduct of international trade. Traditional trade barriers have played a small role, developed countries and their multinational companies eager to turn to the intellectual property protection which is reasonable and legitimate in form to restrict the export of goods in other countries,then playing the role of protecting their own industries.Developed countries have a strong consciousness of intellectual property, and their intellectual property system start early. They use their strong superiority in technological innovation ability to seize international market share unceasingly. Along with swift and violent development of the knowledge economy, developed countries have set up the intellectual property strategy in abundance, taking the intellectual property as the main method in the international trade competition and the important tool of trade protection. Our country, as one developing nation which is rising, in recent years, the foreign trade presents potential accelerating growth. To a certain extent, the large scale growth of our country exports is threatening the developed countries'markets share and their long-term benefit, it creates the same profession market competition with some developed countries. Therefore, when our economy develops fast, we also make other countries create very tremendous pressure, many developed countries have felt the threat that comes from our country's day by day. Because our country's intellectual property system starts late, enterprises'intellectual property consciousness is quite light, moreover, while our country's foreign trade obtains the considerable development, the problems about intellectual property are more and more prominent. It can be said that, the intellectual property is our country's soft rib. It gives the developed countries opportunities to impose the pressure on our country frequently by using the sharp weapon of intellectual property. Our country's foreign trade while is growing, encountering the related intellectual property aspect friction increases day by day. Once by determination is the right infringement, either pays the soaring patent expense, either withdraws from the corresponding national markets, these all bring our country enterprises enormous loss, and our country's internationalization advancement is seriously restricted. Therefore, our country must set up the intellectual property strategy which suits our country's national condition in time, reducing the disparity from developed countries unceasingly.This article analyses the theories of intellectual property and the intellectual property protection system of developed countries, then elaborates the intellectual property problems which our country is facing in international trade as well as the influence produces to our country which intellectual property abusiveness, then proposes some correspondingly strategies. This paper is divided into four parts:The first part elaborates the intellectual property in international trade, this is the theoretical basis of this article. By introducing the concept and the characteristic of intellectual property, analyzing that the intellectual property system plays a positive role on economical development. The purpose of the establishment of the intellectual property system is to encourage innovation and then push forward technological progress in the whole society. Meanwhile, the intellectual property system has been risen to the height of laws to safeguard a fair competition in the international market between the domestic and foreign enterprises, to be able to effectively regulate the public interest and to protect the interests of the investors. However, the protection of intellectual property is easily to evolve into new trade barriers and international monopolies in the international market. This shows that the protection of intellectual property is a "double-edged sword."The second part describes the international protection of intellectual property. This part quotes the monopoly superiority theory of Hymer who is the American famous economist. Because of the unique characteristic of the knowledge product, many developed countries obtain the technical exclusive right by using their competitive advantages of innovation ability. In the part of international protection of intellectual property, the intellectual property protection system of some developed countries such as the United States, the European Union and Japan are introduced, as well as our country's protection of intellectual property situation. At present, our country has made some achievements in the field of intellectual property protection. In recent years, the number of patent application shows that our country's technological innovation capability is improving continuously and the overall protection has been enhanced. However, we have a certain disparity with some developed countries such as the United States, the European Union and Japan whose intellectual property strategy start early and the protection consciousness are strong.The third part describes the intellectual property problems that our country is facing in international trade. First of all, though studying three cases which are DVD patent infringement allegations and to pay fees that our establishment of the intellectual property system is to encourage innovation and then push forward technological progress in the whole society. Meanwhile, the intellectual property system has been risen to the height of laws to safeguard a fair competition in the international market between the domestic and foreign enterprises, to be able to effectively regulate the public interest and to protect the interests of the investors. However, the protection of intellectual property is easily to evolve into new trade barriers and international monopolies in the international market. This shows that the protection of intellectual property is a "double-edged sword." The second part describes the international protection of intellectual property. This part quotes the monopoly superiority theory of Hymer who is the American famous economist. Because of the unique characteristic of the knowledge product, many developed countries obtain the technical exclusive right by using their competitive advantages of innovation ability. In the part of international protection of intellectual property, the intellectual property protection system of some developed countries such as the United States, the European Union and Japan are introduced, as well as our country's protection of intellectual property situation. At present, our country has made some achievements in the field of intellectual property protection. In recent years, the number of patent application shows that our country's technological innovation capability is improving continuously and the overall protection has been enhanced. However, we have a certain disparity with some developed countries such as the United States, the European Union and Japan whose intellectual property strategy start early and the protection consciousness are strong.The third part describes the intellectual property problems that our country is facing in international trade. First of all, though studying three cases which are DVD patent infringement allegations and to pay fees that our learn from the successful experiences of multinational companies actively, improve the capabilities of the research and development in technology, enhance the awareness of intellectual property protection, emphasize on the development of our own enterprises'intellectual property strategy.The conclusion reiterated that in the increasingly fierce international competition, knowledge has played an important role on economic development. The one who holds the sword of intellectual property will win the upper hand in competition. Therefore, in order to compete with the developed countries, it is necessary to sep up the international intellectual property strategy which suits our country, then to adopt some corresponding measures from many angles and many levels. |
PDF Full Text Request