Comparaative Study On The Old And New Terms Of Article4of Copyright Law

With the rapid economic development in China, Sino-US trade is increasingly important in the world economy. At the same time, the Sino-US intellectual property rights not only continues to heat up, but was complicated too. Objective evaluation and rational analysis timely on this important core issue in Sino-US economic and trade relations, which has important practical significance for the elimination of misunderstandings and disputes between the two sides and the promotion of continuous improvement of the level of protection of intellectual property rights. In2007, United States puted thecomplaint under the WTO system of disput settlement-CHINA-MEASURES AFFECTING THE PROTECTION AND ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS. The case is respected to the protection of Chinese copyright law, customs measures, and criminal law penalties threshold. In this paper, study is carried on with"Copyright Law".The first part state the "Copyright Law" to modify the background, in chronological order to make a brief introduction to the Sino-US intellectual property rights of the trial, The reasons described in the final outcome of the trial, including claims of United States and report of panel, and how China to its international obligations applicable to the problem of international treaties in the copyright law in China.In the second part, according with the Panel’s report and related documents submitted by the two sides, make a detailed analysis of China4, paragraph1, of the copyright law inconsistent with the TRIPs Agreement, focusing on the panel found a violation of the Berne5of the Convention and the TRIPs Agreement41.1. Analysisi China’s rebut and explain the reasons for not accepted by the panel.The third part make a comprehensive look at the case of international obligations, an analysis of four of China’s revised Copyright Law consistent with the TRIPs Agreement, and make the evaluation of whether the cause of the risk of new international disputes; At the same time analysis the rights of property to four of the new copyright law, proposed amendments; analysis of the actual use of focus on the implementation of the controversial issues in Sino-US intellectual property rights cases under the new copyright law.