Research On The Intellectual Property Rights Dispute Between China And The United States

Based on the current trend of Sino-US IPR disputes intensified,this article compare the Sino-US IPR protection system, combined with the history of China and the United States several times on intellectual property disputes and the characteristics of Sino-US IPR at this stage and the trend of intellectual property disputes, summed the cause of the disputes, and give some suggestions on how to avoid or reduce disputes, the paper is divided into five parts:The first part is an introduction, introduces the background and significance of the article, the ideas and the basic structure of the paper, as well as the innovation and inadequate.The second part of the literature is review, it is divided into three levels to describe the research status. First, for the understanding of the basic concepts of intellectual property, second, analysis of the cause of Sino-US IPR disputes, finally, describe the strategy selection on how to avoid or reduce disputes, and at every level have made the author comments.The third section describes the characteristics of intellectual property rights. Simply put, the intellectual property has intangible proprietary nature, timing, regional and replication features. Sino-US IPR protection system, and the contrast at the two levels of legal protection and administrative protection.The fourth part is the core part of the article. First introduced several intellectual property disputes in the history of China and the United States, summarizes the characteristics of Sino-US IPR disputes at this stage and the trends of it. Followed by the analysis of the causes of the dispute, this article summarizes the five areas:1. The race of the economic interests between China and the United States;2. Rise of trade protectionism;3. Intensified of the Sino-US bilateral trade imbalance and economic and trade relations not;4. Sino-US IPR institutional are different;5. differences between China and the United States on intellectual property culture.The fifth part is the strategy on how to avoid or reduce the disputes. First, to improve the legal mechanisms related on intellectual property, including legislation and law enforcement. Second is the use of a variety of dispute resolution mechanisms including1. Invoked the TRIPS Agreement and the WTO dispute settlement mechanism;2. Actively promote the establishment of Sino-US bilateral coordination mechanism;3. Give full play to the people-to-people diplomacy advantages. Finally, to strengthen innovation and protection of intellectual property rights, and actively respond to foreign-related intellectual property litigation.