The Trips Agreement And China's Ipr Enforcement Mechanisms

The enforcement mechanism of intellectual property rights refers to the enforcement system and procedure of intellectual property rights, which is of the important contents of protection of intellectual property rights, with the objective to effectively cease the infringement of intellectual property rights and provide the right holders with the expeditious remedies which constitute a deterrent to further infringement. In particular, the Part III of Agreement On Trade-Related Aspects Of Intellectual Property Rights of World Trade Organization (hereinafter refers to "TRIPS Agreement") stipulates the enforcement of intellectual property rights including the general obligations, civil and administrative procedures and remedies, provisional measures, special requirements related to border measures and criminal procedures. China has already became the member of World Trade Organization and made the commitments to fully and completely implement TRIPS Agreement. Hence, China shall establish and improve its enforcement mechanism of intellectual property rights according to the provisions of TRIPS Agreement.This dissertation focuses the research on the requirements of TRIPS Agreement on Member States, the existing provisions of our Country in respect of enforcement of intellectual property rights, the Judicial Explanation and the practices of China in the enforcement of intellectual property rights, and adopts the method of combination of the theory analysis and comprehensive comparison based on the framework of five enforcement measures stipulated in TRIPS Agreement with the hope to analyze the scope between our country's enforcement mechanism with the requirement of TRIPS Agreement and, then, provide some suggestions for establishment and improvement of our country's enforcement mechanism according to the requirements of TRIPS Agreement.This dissertation consists of four parts.The first part analyzes the significance to establish and improve our country's enforcement mechanism of intellectual property rights according to TRIPS Agreement from three aspects, which is the very important part of this dissertation. Firstly, it introduces the necessity to do so from thecharacteristics of enforcement mechanism required by TRIPS Agreements. Secondly, it also discusses the inevitability to do so based on the commitments made by China for accession to World Trade Organization. In addition, it analyzes the importance thereof from the points to put into practice the important thought of Three Represents and the spirits of the Party's Sixteenth National Congress and the Third Plenary Session of its Sixteenth Central Committee so that to establish and improve the market economic system, propel our country's strategies of intellectual properties and deal with international challenges etc.The second part analyzes the principles and methods to be applied for establishing and improving our country's enforcement mechanism of intellectual property rights according to TRIPS Agreement. TRIPS Agreement was added into the package agreement of WTO under the pressure of the industry countries and most of its contents and standards reflect their protection levels. Since our country shall fully and completely implement TRIPS Agreement at once as soon as it became the member of World Trade Organization, it is indispensable for our country to research principles and methods to be adopted according to TRIPS Agreement for establishment and improvement of our country's enforcement mechanism of intellectual property rights. This dissertation induces four relevant principles for establishment and improvement of our country's enforcement mechanism of intellectual property rights through the analysis of history background and some principal provisions of TRIPS Agreement i.e. respect the intellectual property rights as private rights, protect the public interests, don't make the specific procedure for the enforcement of intellectual property rights and the protection is suitable for the development level of country's productivity, which is the innovat...