Research On Aid System Of Enterprise’s Intellectual Property Rights Protection Overseas

The aid system of enterprise intellectual property rights protection overseas means the government or society provide legal, technical or financial help for the qualified enterprises, it is with the characteristics of public good and free. The aid ways of enterprise intellectual property rights protection overseas include intellectual property early warning, legal service, right infringement investigation, financial assistance and so on. Providing assistance to protect enterprise intellectual property rights overseas can not only protect enterprise intellectual property rights, but also safeguard national economic security, normalize international economy order.Both developed and developing countries have paid high attention to aid of enterprise intellectual property rights protection overseas. American has well-established system of intellectual property, but still pay attention to maintain the enterprise intellectual property overseas. American empower the Trade Representative Office to sanction countries, impose trade sanctions against tort countries to strengthen protection of intellectual property rights. Developed countries in particular pay more attention to giving support to aid of enterprise intellectual property overseas. Korea established a special organ that Center of Intellectual Property Protection Overseas to handle the problem of rights aid, and set up the subsidy project of trial and litigation costs, to provide economic support for Korean enterprise in overseas lawsuit, promote the economic development. There many dispute of intellectual property in Chinese enterprises" going out" process. This problem has aroused extensive concerns of the government and various societal circles, but our aid center of enterprise intellectual property rights protection overseas a departments under the China’s commerce ministry, it cannot afford all the duty of aid. Our country is not clearly states the conditions of the object in law. Our warning mechanism of intellectual property is not well-established, the question of Enterprise cannot bear the huge legal costs is still not resolved too. We should make full use of the aid center of enterprise intellectual property rights protection overseas, and the national intellectual property rights protection assistance center, produce advantage of overseas business organizations and industry associations, build a multi-level and diversified aid system; determine the qualifications of aid object, and establish qualifications of economic aid tougher; establish intellectual property early-warning mechanism by government; establish system of infringement investigation, and establish cooperation relationship with foreign investigation organization; establish lawsuit fund of intellectual property protection overseas, provide cost for enterprise to respond to litigation.