Research On Intellectual Property Protection Path In American Bilateral Investment Agreement

Since the latter half of the 19 th century,high-tech industries and service industries with high knowledge content have become the economic support points of the United States,and their intellectual property rights have competitive advantages in the world.Some American scholars even believe that there is nothing in the United States that can be sold to the world without the protection of intellectual property rights such as information and entertainment.To this end,the United States attaches great importance to the use of international rules to provide protection for domestic intellectual property rights.From the establishment of the WIPO Convention to the Agreement on Trade-Related Aspects of Intellectual Property Rights(TRIPS Agreement)to the Free Trade Agreements and Investment Treaties,the protection standards for intellectual property rights have been continuously improved.Bilateral investment agreements have become the tools used by the United States to protect the country's intellectual property rights and to guide the high standards of international intellectual property rights.In the era of knowledge economy,any country is a stakeholder in international intellectual property rights,and China is no exception.Especially under the background that the bilateral investment negotiation between China and the United States has entered the stage of text negotiation,Studying the protection of intellectual property rights in US bilateral investment agreements has important reference significance for the establishment of intellectual property protection clauses in China's bilateral investment treaty.This paper takes text analysis as the main research method,and combines historical analysis,case analysis and comparative analysis to analyze the intellectual property protection path in the US bilateral investment agreement.In addition to the introduction and conclusion,the article is divided into four parts:The first part introduces the development process of intellectual property entering the investment field.It points out that intellectual property rights are not in the investment field.After experiencing the WIPO protection system and the WTO protection system,intellectual property rights are independent in international investment.This part also analyzes the intellectual property rights as an investment property.Because intellectual property rights have the capitalization attributes and control attributes required by investment,they can be protected by bilateral investment agreements.The second part mainly lists the protection clauses on intellectual property rights in the bilateral investment agreements signed and validated by the United States,and summarizes them.It can be seen that the bilateral investment agreements signed at different times are different because of the different model of bilateral investment agreements.However,as time goes on,the characteristics and trends of the ultra-TRIPS agreement standards are obvious.In addition,the US Bilateral Investment Agreement adopts a combination of substantive and procedural provisions in the design of the terms,which can not only explain the role,but also enable the corresponding rights and obligations to be concretely implemented.The third part introduces and analyzes the protection path of intellectual property rights in the US bilateral investment agreement,which is the focus of the article.Through the enumeration of the intellectual property clauses in the bilateral investment agreement signed by the United States in the second part,it can be seen that under the US bilateral investment agreement system,intellectual property investment is mainly protected through four paths,namely,formulation of treatment standards,collection and compensation,prohibition of performance and other requirements,relief of rights.The fourth part is on the basis of the above discussion and analysis,by comparing and referring to the bilateral investment treaty of the United States,the author draws the conclusion that the provisions of China's bilateral investment treaty on intellectual property protection are inadequate,and putsforward corresponding Suggestions for improvement.In addition,the author also puts forward the view that the foreign investment treaty should be coordinated with the domestic law.