China's Ipr Protection System Of Law Under The Trips Agreement

Intellectual property protection protocol (Trips) is animportant part in WTO numerous legal rules. It offers frames forintellectual property protection of the international scope.Contrast TRIPs protocol, the article attempts to use the way ofcomparative analysis to analyse the intellectual propertyprotection system in China. Combine the revision of the law ofintellectual property right of our country in the past two years,the article described and analysed the relevant links of the wholeprotecting system, and study its disparity between TRIPsprotocol. At last, the article evaluate its theory and practicemeaning, and put forward some legal suggestions to still existingproblem.In chapter one, the article analysed the important meaning in theinternational economic law of intellectual property protection interms of international investment. Meanwhile, we study therealistic meaning in which research patent, trade mark, copyrightprotection from the position of China, Finally, we will analyse theTRIPs protocol's position and function in internationalintellectual property protection. The applicability of TRIPs protocol directly concerned thesetting-up and operation of the domestic intellectual propertyprotection system. So chapter two analyses and studies thisquestion specially, we will explain the relations between treatiesand domestic law and analyse the practice of the world main country(American, Europe, Japan). On this basis, the article study theapplicable problem in China of TRIPs protocol. Chapter three study adjustment and applicability ofintellectual property protection in China under the TRIPs system.Firstly, we analyse the weak part of the traditional protectiondomain of our country. Then we will divide the chapter into threepart ( patent, trade mark, copyright) from the relevant law of ourcountry revision and adjustment in the light of the TRIPs protocolamong them, we will mainly talk about the revision of the PatentLaw in 2000, the revision of the Trademark Law and Copyright Lawin 2001. To the parts revised among these laws, we will evaluatethem combine with the situation before it was revised. Finally,according to three respects of Patent law, Trademark Law andCopyright Law, we will analyse the adjustment and applicability ofthe protection system respectively from the execution ofintellectual property protection. The last chapter will analyse the system of law enforcement ofthe intellectual property right of TRIPs protocol.