Research On Legal Issues Of China's Overseas Intellectual Property Investment Protection

In the context of globalization,international investment activities have become more frequent,and the international investment plays a very important role in the exchanges between countries.Correspondingly,in order to provide a better protection to international investment,and promote international investment communications between countries,the number of international investment agreements are growing,and the contents of these agreements become richer and richer.The international investment agreements are the basis of investment acts,the category of capital included in the definition clauses determine what kind of capital can be used to invest,and what degree of protection can be provided by these treaties.From the legal meaning,the so-called "assets" in the definition of "investment" in recent international investment agreements are property or property rights.Since the concept of property in modern society does not only refer to tangible material property,but also include intangible production factors with value creation functions,such as knowledge,skills,labor,and so on.So,property rights is one right to get incomes which based on some factors of production.In the early 20 th century,a famous researcher named Schwartz listed the kind of "new property with great value"-commercial reputation,trademark,trade secret,copyright,business rights,concession and fair convenience.So,intellectual property as an "new property with great value" has become an investment.Under the guidance of the basic national policy of reform and opening up for forty years,China has reached an unprecedented level of prosperity and prosperity.At the same time,China has gradually changed from a capital-importing country to a capital-exporting country.Under the guidance of the active foreign policies,domestic enterprises have begun to move toward the international investment market.However,it needs to be recognized that the situation of China's international intellectual property investment protection is not very optimistic.Through data analysis,case analysis,comparative analysis and other methods,the content of this paper is divided into three parts,and conducted an in-depth analysis about“Legal issues of intellectual property investment protection in China”.The specific arrangements are as follows:The first chapter,"The Impact of Intellectual Property Investment on International Investment Law",through the analysis of "the status quo of intellectual property investment ",it is pointed out that the main subjects of international intellectual property investment are traditional developed countries,the competitiveness of China in intellectual propertyinvestment is insufficient and needs to be strengthened;And through the analysis of the importance of protecting intellectual property rights,it is pointed out that strengthening the protection of intellectual property investment is not only an obligation for the host country but also for the home country and investors.The second chapter is "the Status Quo and Deficiency of China's Overseas Intellectual Property Investment Protection".By analyzing the opportunities and challenges faced by China's intellectual property investment,and combing the institutional basis of China's overseas intellectual property investment protection,it is concluded that there are still many deficiencies in China's overseas intellectual property investment protection,which requires the government and enterprises to strengthen overseas Protection of intellectual property investments jointly.The third chapter is “Proposal to Strengthen the Protection of Overseas Intellectual Property Investment”.Through the analysis of the problems and causes of matters in investment protection,the paper puts forward suggestions for strengthening the protection of intellectual property investment.At the national level,it is recommended to improve relevant domestic legislation,promote the regional intellectual property cooperation between China and other countries actively,and improve China's bilateral investment agreements to provide guarantees for China's overseas intellectual property investment;From the enterprise level,it is recommended that enterprises establish an early warning system for overseas investment risks and strengthen the pre-protection of investment.Finally,through the analysis of the applicable conditions and advantages of various intellectual property investment dispute settlement mechanisms,the article points out that investors should combine the actual situation of investment and disputes in selecting the dispute settlement mechanism,and correctly choose which dispute resolution mechanism is applicable to resolve investment disputes.