Study On The Application And Limitations Of The Principle Of Autonomy

In the current situation, the knowledge economy is extremely rapid developed, technology and knowledge in the process of international trade are also increased significantly, the proportion of occupied in this context, intellectual property dispute settlement mechanism under the WTO system carried out in-depth analysis and discussion, according to the study, intellectual property dispute resolution mechanism under the WTO system is mainly composed of "matters related to intellectual property rights dispute solving process and understanding the provisions of the"(DSU) and "international trade related intellectual property rights dispute settlement differences"(TRIPS), in the above mechanism is established, in international trade and intellectual property rights disputes in the process of practice has obtained relatively good results, but also show some questions. Based on the theory of data and practical cases, intellectual property dispute settlement mechanism under the WTO system the analysis of existing problems, and in the future China should choose the development direction, development measures in detail. The article is divided into six parts, the concrete content is:The introduction, which leads to the WTO dispute settlement mechanism of the intellectual property research significance. As the global economy has gradually entered the era of knowledge economy, with the amount of international trade is directly related to intellectual property rights are also rising, conflict of intellectual property rights are increasingly highlighted. Compared with previous international intellectual property disputes solution, this system has a huge advantage, itself also has many disadvantages at the same time, it is of great significance for the research.First chapter of the WTO dispute settlement mechanism of the intellectual property Settings and procedures, to the concept of dispute settlement mechanism under the WTO system, points out that the paper is combined with the TRIPS agreement and the DSU solving process, to the world trade organization system of intellectual property rights dispute processing and problems that exist in the settlement mechanism. And the WTO intellectual property dispute settlement procedures, such as consultation, mediation, reconciliation and mediation in the end, the expert group to solve process, DSB ruled with supplementary Suggestions, advice and the enforcement of the ruling process, suspension of concessions and compensation, the supervision of DSU rules against the violations of the appeal special procedure for the analysis.The second chapter, combined with the United States v. India pharmaceutical and agricultural chemicals patent case, points out that the mechanism has the advantages of, in the program are: combining diplomatic and legal method, set up the authority of DSB mechanism to solve disputes, made a clear and specific time limit, has the strong enforcement of the judge the dispute settlement body to cross retaliation may authorize, set up the special procedure of the least developed members. Entity: can solve the scope of intellectual property rights disputes is extremely widespread, the rules of the TRIPS agreement with more complete, more rich system, unity and coordination, a high standard of international intellectual property protection provides the lowest standard for related intellectual property rights dispute is a judgment.The third chapter combines the United States v. India pharmaceutical and agricultural chemicals patent, indicates some problems of the mechanism and perfect. At the same time, in view of the deficiencies, and puts forward such as the composition of the panel, need cooperation negotiations between developed countries and developing countries, modify the expert’s authority. On the question of the retrial, can be up to institutions specially a retrial. For revenge and improvement measures and pay attention to protect the interests of the developing countries.The fourth chapter the WTO dispute settlement mechanism of the intellectual property of our country’s enlightenment, through the intellectual property dispute case, reveals the controversial dispute resolution mechanism of intellectual property rights in China the status, such as legislative is not fine, no significant effect of law enforcement and other issues. The WTO dispute settlement mechanism of the intellectual property of our country’s enlightenment is to perfect the legal system, strengthen the law enforcement effect, the use of legislative language accurate, legislative progress to keep pace with The Times, to set up reasonable measurement of the strength of intellectual property protection system, strengthen the enforcement of intellectual property rights, international cooperation and assistance for the protection of intellectual property rights of developing countries preferential standard.The fifth chapter epilogue, the article summed up the contents of and summary.