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Study On China's Early Warning Mechanism Of Overseas Intellectual Property

Posted on:2019-06-16Degree:MasterType:Thesis
Country:ChinaCandidate:J Y ZhangFull Text:PDF
GTID:2346330569488530Subject:Economic Law
Abstract/Summary:PDF Full Text Request
With the rapid development of economy,the capability of independent innovation is the core competence of a country and an enterprise.It is also a fundamental weapon for the state and enterprises to maintain their dominant status and expand continuously.The competition in the global trade market has gradually developed from dumping and anti-dumping,trade agreements,higher tariffs to today's intellectual property protection.Developed countries,such as American,Europe and Japan,intend to govern the global trading market by "soft power" of intellectual property rights,establish the trade organization of intellectual property rights tocontrol the field of intellectual property protection,suppress the overseas development of independent innovation enterprises from developing countries by formulating global trade treaty,so the dispute cases of intellectual property trade in globe market are gradually increasing.With the process of economic globalization advancing,the regionalism has expanded the risk of intellectual property abroad and overseas intellectual property dispute have gradually become a major obstacle to developing countries' overseas trade.Meanwhile,although the developed countries play a showstopper in the global trade market,the early warning mechanism of overseas intellectual property of developed countries and multinational companies has gradually become complete,it is worth digesting and absorbing for developing countries to shorten the distance with the developed countries concerning the protection of intellectual property rights and relieve the trade disputes in overseas markets.In order to better adapt to the complex international trade environment,our country also start to build early warning mechanism of overseas intellectual property system gradually.Although the overall preparation is still in the initial stage,laws and regulations of the state level need to improve,the blank in industry association level and regional level needs to be filled,and the coverage of early warning mechanism of overseas intellectual property concerning enterprises also need be a comprehensive and sufficient guide.On consideration of the above situations,this paper explored deeply the construction of China's early warning mechanism of overseas intellectual property.Besides the introduction and conclusion,the text was divided into four parts.The first part is an overview of early warning mechanisms of overseas intellectualproperty.The paper put forward the concept of early warning mechanisms of overseas intellectual property,and progressively explained several concepts of early warning,early warning mechanisms,and intellectual property early warning mechanisms from shallow to deep.Then,we interpreted the targets of early warning mechanisms of overseas intellectual property,listed the types of risks,and then studied the main bodies of overseas intellectual property early warning mechanisms,which was countries,districts,industry associations,and individual enterprises from different perspectives.The early warning mechanism of overseas intellectual property was analyzed at different levels,and followed by an in-depth analysis of the constituent elements.Finally,the basic principles for the establishment of early warning mechanism of overseas intellectual property were proposed;the second part studied the early warning mechanism of overseas intellectual property from the developed countries such as America and Japan,and drawn the experience and enlightenment for our country.This part hopes to analyses the theory and experience of developed countries of Europe and other countries,and provide a point of reference for our country according to the actual conditions;the third part firstly introduced the successful example of early warning system of overseas intellectual property by Vimicro and then pointed out the current status and existing problems of China's early warning mechanism of current overseas intellectual property;The forth partcame up with the advises of early warning mechanism of overseas intellectual propertyfrom four aspects of government,enterprise,society and industry associations,which including the construction of legal security system and information publishing platform,the deep communication between our government and trade cooperation of overseas government agencies as well as international organizations,and apply for protection and recognition of intellectual property in local regions,adapt and acceptthe legal environment of intellectual property in overseas countries and improve their management ability of intellectual property,establish scientific and reasonable strategies to protect intellectual property,apply for patents actively in overseas countries,should dare to reply the infringement of overseasintellectual property,establish the mechanism of enterprise technology innovation,strengthen the construction of professional personnel etc.
Keywords/Search Tags:Intellectual property, Early warning mechanism, Analytical hierarchy, Trade disputes, Early warning indicators
PDF Full Text Request
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