The Economic Analysis Of International Trade-related Intellectual Property Law

International trade theory can be divided into two basic categories, one advocates free trade, and the other tends to trade restrictions. The economy increasingly depends on knowledge and information, which drives productivity and economic growth. Intellectual property rights are property rights based on the results of the mental labor according to the law. It regulates the relations brought by intellectual creation in legal means, in order to stimulate creation, dissemination and application of the knowledge. International trade-related intellectual property laws can be divided into international and domestic levels. By the establishment of WIPO and the signature of TRIPS agreement, the process is roughly divided into three stages in the world, and the developed and developing countries have their own typical examples.By analyzing the externality, Neo-classical Economics believe that the reasonable intellectual property rights can protect the rights of producers, bring the marginal income over the loss of consumers, and increase social profit. Therefore, the intellectual property law should achieve the balance of knowledge producers and consumers. Based on analyzing transaction costs, New Institutional Economics drew some new conclusions. Because of the high transaction costs in reality, the definition and arrangements of property rights is extremely important in the allocation of resources, and intellectual property legal rules can effectively reduces the transaction costs that mainly caused by bounded rationality and opportunism. In this paper, on this basis, we get more complex conclusions by analyzing and studying the relationship between intellectual property rights law and foreign direct investment, international trade, technological innovation and economic welfare in empirical means. It is close to a country's economic development, economic structure, the knowledge stock, and the human resources, by the concrete analysis of concrete conditions. Thus intellectual property law can rationally determine the degree of protection of intellectual property rights. In this paper, a number of recommendations on China's international trade-related intellectual property laws are made: Protection of intellectual property rights is a "double-edged sword" and must be proper and reasonable. It is necessary to consider the need of international exchanges, and also the national development. Legislation, enforcement, compliance and legal supervision must be under the guidance of this principle. The government, as legislation, law enforcement and legal oversight bodies, should, under the guidance of intellectual property strategy, pay attention to policy and institutional innovation, improve national legal awareness on intellectual property rights, improve the legal system, improve law enforcement efficiency, and promote judicial justice. Enterprises, as intellectual property law law-abiding and beneficiaries, should be familiar with intellectual property law, establish enterprise system and innovation mechanism in accordance with intellectual property strategy, and reasonably reply to the various disputes involving intellectual property rights.