Research On The Overseas＇Protection System Of Intellectual Property Rights

The protection of intellectual property includes not only domestic protection, but also foreign protection. Domestic intellectual property protection often relys on domestic legislation while foreign protection depends on international protection of intellectual property to a large extent. Currently, the international protection system of intellectual property represented by the TRIPs has been basically established, making up for the domestic legislation defects and play an important protective role for intellectual property rights of foreign countries. Although the system of international protection of intellectual property rights has been made perfect, it still has many inherent deficiencies and defects. Therefore, relying only on international intellectual property protection system is difficult to achieve adequate protection for foreign intellectual property rights. How to build a more perfect protection system of intellectual property overseas becomes the key-point that a country can give its effective protection of intellectual property rights abroad. Currently, the studies of scholars from various countries on the international protection of intellectual property rights are already quite mature, but researches on the protection of intellectual property outside are few, or even the definition of overseas protection for intellectual property rights is vague. The writer of this thesis tries to study the overseas protection of intellectual property system with historical, comparative, practical methods.In this thesis, the author first tries to clear the definition of intellectual property protection of overseas, and then demonstrates the problems (domestic law extraterritorial effect) and feasibility (whether the use of domestic law would violate the relevant provisions of WTO / GATT) when using domestic law in the protection of overseas intellectual property rights. Through the case studied, it is drawn that under special circumstances, due to the variety of factors combined, laws are made to have extraterritorial effects, and this extraterritorial effect is legal and reasonable in a specific range, and domestic intellectual property laws are feasible with extraterritorial use. Later, current international developments of the protection of intellectual property of overseas are discussed, and the overseas protection of intellectual property of America, Europe, Japan, South Korea and other countries are compared. Finally, on the basis of previous researches, the author's own viewpoints on how to improve China's overseas intellectual property protection system are put forward. In the author's opinion, relying solely on the development of a certain law to achieve adequate and effective protection of overseas intellectual property rights is not realistic. Therefore, it is necessary to establish a comprehensive system of protection of overseas intellectual property and raise it to a strategic level, and only by doing this can we achieve an adequate and effective protection for overseas intellectual property rights. To achieve this goal, China's enterprises, governments, the NPC as well as civil society organizations should all play their respective roles. First, enterprises should become familiar with and master the international intellectual property rules, and respond flexibly to infringement activities in foreign intellectual property rights. Meanwhile, they should strengthen the patent applications and trademark registration in foreign countries; Second, the Government and the NPC should do a good job in education of developing overseas intellectual property protection, and strengthen enforcement of overseas intellectual property protection, establishing a national system of financial support for overseas intellectual property protection, improving the protection of domestic intellectual property legislation and overseas protection of custom intellectual property rights; Finally, construct the auxiliary system of abroad civil rights protection organizations.