A Study On Intellectual Property Protection Of High-tech In China After China’s Entry Into WTO

China’s intellectual property system began to set up since the end of the1970s, The Trademark Law, The Copyright Law, The anti-unfair competition Law and other intellectual property protection relevant law have issued successively. With the deepening of the reform and the development of the economic, the legislation work of intellectual property is facing an unprecedented challenge, and it needs to meet the growing new requirements.High-tech industry in China has started to move towards all-round development from zero, and it has become the fastest industry department in the national economy growth, the development of high-tech has a close relation with intellectual property protection. For high-tech enterprises, in order to possess and conduct effective protects on proprietary intellectual property rights, the way to promote the technical innovation of high-tech industry is becoming the problems which must be solved. If there is no safeguard by intellectual property law, the development of high-tech will lack strong power mechanism, the development of high-tech will become the situation of water without a source. For the concern of high-tech enterprises and government related departments, the thorough analysis of high-tech enterprises’current intellectual property protection situation, the existed problems and internal cause, draw lessons from domestic and international advanced experience, and propose intellectual property protection strategy and measures will have an very important realistic meaning in the framework of the intellectual property law system.This paper has analyzed the intellectual property protection problems of high-tech after China has entered into the WTO. The developed country-the United States and the developing country-India are doing well in the protection of high-tech intellectual property, many of their experience can be referenced. The protection of high-tech intellectual property should keep up with the pace of high-tech development, only in this way can develop our high-tech and let the high-tech go abroad.The first part of this article has explained the main concepts of high-tech, intellectual property and intellectual property protection in detail. High-tech cannot live without the protection of intellectual property, the trade content of high-tech transfer is intellectual property; at the meanwhile, intellectual property need to through the technology transfer operation to add value, and technology transfer need the protection of intellectual property to go smoothly.The second part has deeply analyzed the status of the world intellectual property protection, and the status of China’s intellectual property and high-tech intellectual property after China has entered into WTO; at the meanwhile, this article has analyzed the progress has been made after China has entered into the WTO for11years.The third part is mainly about the faced problems and challenges of Chinese high-tech intellectual property. In this chapter, the iPad infringement is taken as an example, it is the largest high-tech intellectual property protection case in China in2012, the case has reflected some problems of Chinese intellectual property protection. At the meanwhile, this part has done a thorough analysis on the main problems of high-tech intellectual property protection.The fourth part takes the United States and India as the examples; both of the two countries’intellectual property protections have many excellent aspects which are worth referencing by China. The United States relies on301clause,337clause and FTA, which make itself has a global competitive advantage in the field of intellectual property. What China should reference is that the United States through the butt of administrative public system with national treatment, and the butt of administrative efficiency system with national treatment to protect the intellectual property. In the nearly40years of the intellectual property protection system’s development and perfection process, India has always been good in the performance of the international commitments, also at the same time good in the implementation of safeguard the interests of legislation strategy. The achievement that the India has got in the intellectual property protection of pharmaceutical industry and the software industry are worthy to learn.The fifth part has put forward some suggestions for high-tech intellectual property protection in China. In response to the existing series of questions of high-tech intellectual protection in China, first of all, our country’s high-tech development incentive system should be perfected, the ownership of high-tech should be specified, and the motivation system of science and technology reward system should be enhanced; secondly, China’s high-tech protection laws and regulations should be improved, patent protection system should be perfected, anti-unfair competition law on the protection of the high-tech should be improved, and the protection, creation, use and the management of enterprise’s intellectual property should be strengthened.The last part is the conclusion of this article; it has summarized and prospected, also has pointed out the deficiency of this article.