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International Ipr Regulation Mechanism Analysis

Posted on:2006-10-23Degree:MasterType:Thesis
Country:ChinaCandidate:J CengFull Text:PDF
GTID:2206360182968221Subject:Economic Law
Abstract/Summary:PDF Full Text Request
International regulation is a historical proposition under the global economic integration background. Intellectual property's international regulation is a continual research under this historical proposition. And the mechanism of intellectual property's international regulation is a deep exploration of such continual research. Intellectual property is the important strategic resource in today's international competition, it have already become the important component of today's international market. Intellectual property has regional, exclusive, timely and so on characteristics. These particular characters make the intellectual property's national regulation of various countries that have already existing are unable to protect the overseas intellectual property effectively. Establish international or regionality organization related to intellectual property right, conclude international convention, treaty, and agreement, form the international regulation system of intellectual property. International regulation mechanism of intellectual property is a strength and motive force that in order to make the intellectual property flow steadily, orderly, rationally in the world, resolve the disputes and conflicts, encourage invent and create and regulate market, includes its composition, function and operation way, etc. The balancing mechanism of intellectual property's intellectual regulation can balance the private right and social right, have solved the contradiction of inherent characteristic and external development of the intellectual property, and coordinate the benefit among the countries. The incentive mechanism of intellectual property's international regulation is the assurance of continually created passion of creators in various countries, promote the development of the country and even the whole world, this incentive force reflected in the constant increasing quantity of participated nation and the constant perfection of regulating elements. And the security mechanism of intellectual property's international regulation is in the tariff barrier, the technological barrier, and the legal barrier historical development background, mainly rely on TRIPS dispute settlement mechanism and relevant principle to guarantee the intellectual property's international regulate can go oneffectively, safeguard international trade to develop. There are still some defects of intellectual property's international regulating such as: traditional knowledge, bio-diversity, and biological medicines. These will sure influence on the development of our country. We should deal with the contradiction of protect intellectual property and prevent monopolizing, fulfil our international obligation and protecting national interests, maintain the maximum interests of our nation.
Keywords/Search Tags:intellectual property, international regulation, balancing mechanism, incentive mechanism, security mechanism
PDF Full Text Request
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