On Regulating Of Abuse Of Intellectual Property Rights In International Trade

Intellectual property issues on a global scale more and more attention. Nationallaws are also a focus of intellectual property protection. Intellectual propertyprotection issues mainly related to two areas of domestic and foreign. In this paper,for our country in international trade in intellectual property protection issuesdiscussed.After China’s accession to the WTO since2001, more frequent contacts withforeign countries. In recent years, intellectual property disputes arising from foreigntrade continued to increase, and escalating, including friction and scope, content,extent has the trend of expansion. This affects not only our normal foreign tradeexchange, but also on China’s international status in the world have some impact.In the field of intellectual property, intellectual property abuse is a very seriousharm. Therefore, this choice of the abuse of intellectual property rights ininternational trade issues for analysis. This paper introduces the concepts ofintellectual property abuses, forms, characteristics, criteria, in order to make thereader an understanding of relevant content. And then focus on analysis of thecurrent international legislation on intellectual property and abuse of state lawsrelated to the West, by contrast, find our current intellectual property laws. Finally,for our lack of legislation, put forward a sound point of view, I hope from theperspective of domestic law to improve the level of IPR protection in China.China’s IPR late start compared with Western countries, is still under development,so in the development and improvement of intellectual property law is to learn fromWestern countries, more laws and international treaties. Western countries, after acentury of legislation and judicial practice, has established a relatively perfectsystem of intellectual property rights. In recent years China has also proposed theestablishment of intellectual property rights system goals. Therefore, the improvement of international trade in intellectual property law is the abuse of thequestion of the meaning, but also our country’s future development.