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Economics Perspective To The Analysis Of The Parallel Import In Copyright Trade Legislation Orientation

Posted on:2013-02-20Degree:MasterType:Thesis
Country:ChinaCandidate:Y BaiFull Text:PDF
GTID:2246330377956962Subject:International Trade
Abstract/Summary:PDF Full Text Request
Content:With the rapid development of global economic integration and knowledge-based economy, trade of copyright involving a country’s political, economic, cultural, science and technology on all levels has become an important part of modern international trade. Moreover, along with increasingly frequent international exchanges today, its position is increasingly prominent and attracts many nations’attention. Copyright parallel, an intellectual property issue accompanied by the emergence of copyright trade, is protected under the trend of trade liberalization. During its importation process, it involves not only the personal interests among the copyright holders, copyright grant providers, parallel importers and its consumers, but also national interests of the importing and the exporting countries. Concerning the differences in different countries’laws and regulations, the issue of parallel importation of copyright be comes increasingly apparent in the international cultural trade field. However, due to the relative complexity of this problem and international co-ordination, we still have not found a satisfying solution.With regard to questions whether parallel importation of copyright is legitimate and how to regulate them in conflicts, international trade community have carried out extensive and in-depth discussions. Today, the parallel copyright issue is still the focus of our attention. However, most issues of parallel importation of copyright are concentrated in the discussion from a legally theoretical approach, but because of the limitations of legal perspective, the question stays in the plight of "a matter of opinion" and therefore remains inconclusive.Given the reasons listed above, the thesis tries to avoid the legally theoretical approach, and analyses the issue from a economic approach to find a reasonable legislative orientation with the help of game analysis and mathematical derivation analysis. Economic analysis of copyright parallel importation is significant in two aspects:on the one hand, the economic interests is considered the "soul" in mechanisms of the parallel importation of copyright goods; on the other hand, copyright and parallel importation phenomenon sustained and holders’interests become imbalanced in the copyright market, even causing the change of strategic directions of a country’s economic and trade. In addition, there are many uncertain judgments on the international legal process. Therefore, considering the interests and the rights of different sides, methods of economic analysis become a more convincing approach. With China’s accession to the WTO and its important trade status, trade in import and export grows rapidly and tariffs dropped significantly. Disputes in copyright parallel importation have been increased rapidly. Therefore, the combination of the economic approach with the judgment of the future international legislative trends, amendments to improve the parallel importation of China’s copyright laws are of great practical significance in responding to trade friction that may arise in the future of copyright trade.
Keywords/Search Tags:copyright trade, parallel import of copyright commodity, legislative orientation, rational choice, balance of interests
PDF Full Text Request
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