Research On The Disputes And Evasion Of Intellectual Property Rights Of Chinese Enterprises Export Trade

Since China joined the WTO, total volume of import and export trade is increasing steadily, but at the same time, the cases of trade friction, trade disputes are increasing rapidly,Causing economics, law and social community’s attentions. It is well-known that Export is one of troika that pulls China’s economy growth, however, an increasing number of trade disputes will affect China’s export growth, even restrict the development of the domestic economy, So there is important theoretical and practical significance for further study of trade dispute.Intellectual property rights dispute is the most common, the highest proportion in numerous disputes, thus causing the trading countries and domestic enterprises more and more attentions. Along with knowledge plays more and more important role in economic development, trading nation and foreign trade enterprises begin to attaché great importance to condensation of intellectual property in the products, especially developed country,however China is accustomed to “bring in and imitate” development patterns, this is bound to stimulate both sides of the conflict. So the intellectual property disputes become the most common form in foreign trade. Now it is very necessary to deeply research the present situation, the form and reason of china’s foreign trade of intellectual property rights disputes,and at the same time put forward related measures.This article refers to hot topic that China’s export trade enterprises encounter intellectual one property disputes. Based on the theory of competitive advantage, theory of technical differences, the international trade protection theory and WTO with TRIPS, to analyze the situation, then summarize four basic characteristics of enterprise infringement.Then deeply analyze why intellectual property infringement frequently occurred. Finally,combine with dispute case analysis, from government and enterprises aspects, from individual enterprise to the general enterprises, then put forward a feasibility suggestion how to avoid disputes.