China's Colleges And Universities The Introduction Of Foreign Intelligence In The Protection Of Intellectual Property Legal Issues Research

It is available for universities to import intelligence because their creative capability can be improved. At the same time, it may also supply more intellectual property rights of our own and enhance China's competitive power in the world through digest and assimilation by universities. For this reason, it is a duty for China to take measures to protect intellectual property rights in order that Chinese universities are able to supply high quality intellectual property rights without blemish. That is the main points of this thesis. To demonstrate the points this thesis is divided into four parts.Part one is mainly about a general introduction to importing intelligence from overseas. To begin with, this essay clearly illustrates the notions of importing intelligence and university's importing intelligence from overseas. Then it focuses on an introduction of the national and international background of university's importing intelligence from overseas. The economical globalization naturally urges the talented persons to speed up their movement and communication, thus every country, wants to capture the high level talented persons intensively. The reason is that the high level talented persons have the rich knowledge to stockpile and to utilize the high tech-knowledge, and these produces contain very high intellectual property rights.Part two discusses the definition of the intellectual property rights and the legal sources of university's importing intelligence from overseas. Intellectual property rights protection is a legal notion. Intellectual Property rights (hereinafter referred to IPR) means property rights in intellectual creations, particularly inventions and literary and artistic works. The characteristic about IPR is that it has no forms, belongs to a specific person, and is protected in a regulated period time in a specific field and place. The intellectual property rights protection is also a legal concept, which unceasingly develops along with the human society but unceasingly changes during the course of development. The intellectual property rights protection expands along with the economical globalization development from a country to other country and expands to the international society. IPR is a kind of private right and IPR law has already become one of the most important laws of the International private law. Its international legal resources include Paris Convention for the Protection of Industrial Property, Berne Convention for the Protection of Literary and Artistic Works and Madrid Agreement Concerning the International Registration of Marks. In 1970 The World Intellectual Property Organization was founded and Convention Establishing the World Intellectual Property Organization was become effective. China has its own IPR law which is based on Trips. The judicial protection of IPR in China is of very high level.Part three provides detailed legal regulations of university's importing intelligence from overseas in China. Though we have several legal documents to protect intellectual property rights in university's importing intelligence from overseas, there still exist some legal issues in the protection. The issues are listed such as: the original protection on the intellectual property rights of the high tech-knowledge specialists from overseas; the protection in China on the intellectual property rights of the high tech-knowledge specialists from overseas; some other protections on the intellectual property rights in importing intelligence; the protection in patent; the protection of intellectual property rights in co-education in universities. Therefore, it is necessary for us to analyze and find the way out.Part four concentrates on the revising suggestion of legislation. The suggestion of legislation will increases the universities to import the import the overseas intelligence and the intellectual property rights protection of high tech-knowledge specialists from overseas and related content, thus the reassignment introduction to the guarantees of the intellectual property rights which newly produces should be paid attention With the aid of the overseas intelligence, to enhance the college's independent innovation ability and the radiation impetus function becomes a necessity for the enterprise to develop the high-tech industry and promote our country's independent innovation ability. Asaresult, it will certainly play an important part.