On Intellectual Property Protection In China

The protection of intellectual property rights (IPR) is one of the most important issuesin the further development of China's economy and science technology. Since the beginningof reform and opening up in 1979, there are dramatic changes in China's economicdevelopment. China to introduce capital and technology from abroad as a means of usingtheir own cheap labor, develop the labor-intensive industries, changes into a "world factory",and thus exports a large number of products which is in high quality and low cost.Meanwhile, China has intensified its IPR-related laws and regulations, the "Trademark Law","Copyright Law" and the "Patent Law" are being introduced, and have also joined the "ParisConvention for the Protection of Industrial Property", "Madrid Agreement Concerning theInternational Registration of Marks", "Locarno Agreement Establishing an InternationalClassification for Industrial Designs" and more than 10 international treaties protectingintellectual property rights. And in 2001, China finally joined in the World TradeOrganization (WTO).After China's accession to the World Trade Organization, the protection of intellectualproperty rights-related laws and regulations and judicial interpretations for a further revisiondone with the World Trade Organization "trade-related intellectual property rightsagreement", one international regulations and other intellectual property protectionaddressed. The fast pace and the high starting point of China's intellectual property legalsystem has been acknowledged worldwide. However, there are still many problems in theprotection of intellectual property rights after China's "accession to the WTO", including theimitation of a lot of products of countries with advanced technology. The damage of China'sIPR protection is not only causing the infringement of intellectual property rights of foreignenterprises but also adversely affected China's development of science and technology. Toachieve future long-term and healthy development of China's economy, the protection ofintellectual property rights is compulsory, and to cultivate their own research anddevelopment capabilities.In this thesis, through the comparison of the practice of intellectual property protectionin China and Japan, to analyze the problems of China's protection of intellectual propertyrights. In less than 50 years time, Japan had been rising from the ruins of World WarⅡ,established a highly developed modern industrial society. In Japan's rapid economicdevelopment in many factors, the protection of intellectual property plays a significant role to the rapid development of the Japan's economy. Proceeding from China's 20 years ofdevelopment of intellectual property, ponder the causes of this problem. Why was theforeign enterprises' intellectual property rights are so hard to be protected? How to establishChina's intellectual property? This article is from this subject, discusses China's intellectualproperty rights protection status, studies the protection of intellectual property rights andtechnological development of Japan, analysis how Japan success in the completion of thetransformation from "country of technical imitation" into a "country of technologydevelopment". Lastly, through the contrast and analyze, make a few suggestions for theChina's intellectual property system.