International Trade And The Abuse Of Intellectual Property Rights And Legal Regulation,

The growing popularity of international trade disputes in respect of intellectualproperty rights has ignited numerous legal studies on the abuse or misuse ofintellectual property rights. The essential objectives of intellectual property law are toprovide incentives for innovation and its dissemination and commercialization, tovigorously promote the development of the highest possible level of knowledgedistribution, and to constantly improve the living of peoples by establishingenforceable property rights for the creators of new and useful products, more efficientprocesses, and original works of expression.In the absence of intellectual property rights, imitators could more rapidly exploitthe efforts of innovators and investors without compensation. Rapid imitation wouldreduce the commercial value of innovation and erode incentives to invest, ultimatelyto the detriment of consumers.However, more and more foreign enterprises have availed themselves of theexclusive or monopoly rights granted by intellectual property law to restrict free tradeand fair competition. Since the intellectual property laws and the antitrust laws sharethe common purpose of promoting innovation and enhancing consumer welfare, theabuse or misuse of intellectual property rights in international trade shall be governedand regulated by legislation of all countries.This article targets at the definition of the abuse of intellectual property rights inthe context of international trade, narrates its main types and argues for the regulationof such abuse by invocation of enforceable international treaties, relevant domesticlaws of China and other leading legislative mechanisms.