| The old system of intellectual property rights have safeguarded the balance between benefits of right holder and the public by right ranges, right time limitations, legitimately using, legally licensing, mandatory licensing and so on. In the circumstance of strengthening protection, the IPR tends to become into a tool of the developed states. Basic On the experiences of foreign legislations, the thesis analyses the necessity, feasibility and defect of our limitations of IPR. The perfection aims at legally exercising rights, effectively restraining the abuse of intellectual property right and better preserving the benefits for public and state.The first part of the first Chapter is the simple introduction about the origination , development and present situation of the basic knowledgement and international protection systems of IPR. Secondly, it introduced principle spirit and characteristics with TRIPs negotiation provisions. It provides academic foundations for the following study.In the second chapter it firstly introduced the American's interference with IPR protection in China. And then, it prescribes and valuates the present situation in which the right of intellectual property has been abused, and brings forward the necessity to limit the right of IPR.Just following the former chapter, the third firstly analyzes the reasonability of the limitations of IPR. The limitations of IPR is the requirement of equity and justice and it is also the need of interests balance. Secondly, it simply introduces the legal framework of the limitations of IPR according to the TRIPs negotiation provisions.Through analyzing the cases in the fourth chapter, we can know lawmaking and practices of the developed country in parallelism import and forbidding to abuse the market advantage position two aspects. It also introduced lawmaking and practices of the developing country and developed country with forcibly licensing. Forcibly licensing is not the aim but the method. |
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