The Institutional Change Of International Protection Of Intellectual Property And Our Response

Since the nineteenth century, as international traffic developed, international trade flourished, commodity circulation has expanded from a simple domestic market to international markets worldwide. The object of the patented technology, trademarks and other intellectual property works well as a model of intangible property, because of its intangibility and replicability, spread rapidly across the globe, but limited by regional countries to intellectual property law, intellectual property owners unauthorized use of their behavior on foreign intellectual achievements or business logo, still far too difficult prohibited. Observed from the perspective of national interests, if their intellectual property in foreign countries without adequate protection, foreign markets will be damaged, or worse still completely lost. To overcome the contradiction between intellectual property rights and intellectual achievements of regional, global spread between commercial logos, the international community has gone through a process of bilateral arrangements to multilateral treaties, the members of the treaty based on certain standards of protection, mutual protection of each other’s intellectual property rights, to eliminate the unfair international competition. Signed in 1883, "the Paris Convention for the Protection of Industrial Property" means that the official start of the international protection of intellectual property rights. "Paris Convention" is the first multilateral treaty of the international community to protect industrial property and signed by the countries in the industrial property protection of the fundamental principles and legal norms made a very rare consensus. And over time, the global economy, more and more countries, especially Western countries focus on the international protection of intellectual property. With the expansion of global economic integration, on behalf of the most productive use of intellectual property transnational gradually common, the international protection of intellectual property is becoming increasingly important.In the extrusion promoting technological progress and international relations, China’s intellectual property law has gradually complete. However, thirty years, the rapid development of China on intellectual property legislation, largely helpless choose to participate in international competition, integration into the international community, in the developed countries is the result of economic and political pressure on a two-pronged. In today’s globalized economic and trade activities, countries are bound to consciously develop their domestic law as part of the global legal organic whole, to seek their own legal system and the international legal system to communicate with each other, the mechanism of mutual cooperation. In this context of intellectual property law inevitably into the tides with international standards. As our country has always been a lack of historical tradition of intellectual property protection, and the result is only for reference information and legislative experience international legislation, therefore, despite China’s IPR legislation has made great progress in thirty years, however, "in the cracks survival of intellectual property law still cannot get their own independent character " : " passive legislation century reincarnation- On the development process of China’s intellectual property protection, " " foreign law " in 1999 the first two. Legislative standards in line to the western countries, the introduction of legislative materials from Western countries,the embarrassing situation, not without doubt. Therefore, this article through the international intellectual property protection regime changes and the reasons for the phenomenon of study analysis to explore the process of globalization of intellectual property may suffer damage and difficulties faced and the appropriate response strategies.