Trips Agreement And Judicial Protection Of Chinese Intellectual Property Right

As China joins WTO, the intellectual property protection of China has already stepped into the era in line with international standards, however, all sorts of drawbacks exist in China's present intellectual property protection. Because TRIPS not merely legislates to put forward the concrete request to its member's domestic intellectual property right, and has enforced the law and put forward the concrete request to the intellectual property right, this makes us consider how change already existing in function, power and structure of administrative organ is too apart from TRIPS, and so on. If we want to avoid considering , we must set up in legislate and enforce the law foundation that the question further investigate to intellectual property right that TRIPS put forward to wanting. Admittedly, since reform and opening-up, the legislation of China, the majority is based on research results of corresponding legal discipline. The function of this kind of mutual promotion is particularly obvious in the field of intellectual property right.Because the United States makes use of the "special 301 items" to enforce the law the function of the protection reviewing to the our country intellectual property right for successive years, our country intellectual property right protective and some aspects have presented higher than the lowest level of TRIPS under WTO system. This text introduced the judicial protective history in Chinese intellectual property right first with the present condition, then the writer proceeds to the TRIPS agreement to generalize in brief, including the origins of the agreement, the basic standard of the agreement. Here the foundation is last, the writer compares the TRIPS agreement to order with the protective different and similar in Chinese intellectual property right (take " patent method " as an example):the define of the patent, can give to the patent right scope of the exclusion provision, TRIPS pact of the agreement, our country patent method of the patent provision, our country the scope, patent of the patent right that patent method provision turns to let with inherit, line up his sex right of excepted, exception protection the term, method patent offers as proof the duty sets upside down. The TRIPS agreement infringement ofthis text at discuss and analytical foundation returns the last, lay claim to to the TRIPS agreement the talk point that have no the fault duty" total principle" put forward to query. China affiliation WTO hereafter, TRIPS agreement inside rule concerning intellectual property right infringement will to our country the intellectual property right infringement law system produces the important influence. This kind of influence expresses to return the principle in the infringement, namely the hair infringement theories leads into the lawmaking, and scope etc. aspect of the intellectual property right. The author tries to affect the some superficial analysis in proceeding to these, and as to it's inside is in the theories an analysis for disputing very big intellectual property right infringement returning the matter of principle of proceeding first step, combining TRIPs agreement and our country intelligent property right infringement method of some conflicts to put forward with coordination own views. At the same time, pass to climb to say with factual in super mark to our country 's intellectual property right protection, put forward the suggestions and meseaures to the judicial protection of the intellectual property right.