Sino-us Intellectual Property Rights To Negotiate Dialysis

Intellectual Property Rights, its original intention is to serve as a major economic incentive for inventions and ideas. In global days, it functions more than this and become an important tool to create and keep competitive advantages. In order to keep and strengthen competitive power, countries make up intellectual property strategy. For U.S., she initiated Trade Related Intellectual Property Rights (Trips) negations in WTO and resulted in the formation of the Trade Related Intellectual Property Rights Agreements. In domestic, She set up the"special 301"and use it as a tool to compel other countries to meet its demands.In 90's, USTR named China as a"priority foreign countries"in its Special 301 report. It means it will investigate the intellectual property rights in China in 30 days and negotiate with Chinese government. USTR launched the IP related negations partially pressed by interest group such as International Intellectual Property Alliance (IIPA), Pharmaceutical Manufacturers Association (PMA), International Trademark Association(ITA) and partially out of widening the oversea markets and decreasing the financial and trade deficit.Facing the great pressure from U.S., the Chinese government in order to introduce foreign capital and advanced technology reached the agreements with it. To perform the agreements, the Chinese government amended and creates related laws and regulations, and relevant departments. Even though Chinese government made many efforts, US don't satisfy. In Apri.10, 2007, US litigated the Chinese government for its intellectual property enforcement especially in copyright in WTO.Why copyrights enforcement in China caused this? Many scholars tried to answer this question from cultural perspective. In this thesis, I try to answer it by comparing trademark enforcement with copyright, namely try to answer it from regime perspective.