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On The Protection Of Intellectual Property Rights In China From The Perspective Of Sino-us Trade Friction

Posted on:2021-03-19Degree:MasterType:Thesis
Country:ChinaCandidate:L ZhangFull Text:PDF
GTID:2416330629488326Subject:Law
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China's Intellectual Property Protection System tends to improve,but China-US trade in intellectual property friction has occurred frequently.In the name of intellectual property protection,the United States is committed to establishing a feasible and high-standard intellectual property protection system in the world.In particular,since the China-US trade war in 2018,continuous pressure has been exerted on our products,and high punitive tariffs have been imposed on our exports,which has brought great impact on our enterprises entering the US market,has seriously hampered the normalization of trade between the two countries.Under such circumstances,on the basis of analyzing the current situation of intellectual property friction in China-US trade,this paper uses theory to explain the inevitability of intellectual property friction,and probes into some problems existing in the protection of intellectual property in China.With a view to effectively address the China-US trade in intellectual property friction proposals to enhance China's international competitiveness.This paper is divided into five parts,including the introduction and four main parts.This paper focuses on the negotiation process of the intellectual property friction in China-US trade,the challenge and influence to the protection of intellectual property in China,and discusses the factors leading to the friction of intellectual property in China-US trade and the countermeasures.I'd like to start with Introduction,in this part,those words explain the significance,the content and some methods of this research.Meanwhile,background is also included in Introduction.Literature Review.By comparing the theory of externality,the theory of transaction cost,the theory of advantage and the theory of Competitive Advantage,this paper analyzes the inevitability of the intellectual property friction between China and America.The first chapter begins with the negotiation process of the intellectual property friction in the American trade,summarizes the intellectual property protection measures taken by the United States to China,and compares the two kinds of intellectual property protection measures.The Second Chapter is an empirical study on the intellectual property rights friction,based on the case analysis of the two countries on the basis of trade friction on China's intellectual property rights protection system brought about a profound impact.From theperspective of Institutional Change,it includes the extension of the scope of patent protection,the extension of patent duration,and the strengthening of the protection of trade secrets.At the same time,it has brought some negative effects on the economy.The third chapter is the analysis of the factors that lead to the intellectual property friction in China-US trade,this paper probes into the factors causing the intellectual property friction in China-US trade from the aspects of economy and technology,there are some problems exist in the Protection of Intellectual Property System of China and the consciousness of intellectual property protection.As for the protection of Intellectual Property Rights,this paper discusses some of the major differences between China and the United States in the current trade war,including the difference of criminal protection of trade secret,the difference of compensation period of drug patent,and the difference of whether supplementary data should be considered in drug patent examination.The Fourth Chapter is the analysis of the countermeasures against the intellectual property right friction in the U.S.trade.Based on the introduction and discussion of the previous parts,some suggestions,and some countermeasures are raised by this paper from two angles of perfecting the intellectual property protection system and applying the reasonable dispute settlement mechanism.The last part is the summary and the acknowledgment,summary about the research process to encounter the question and the insufficiency which is still needs to improved.
Keywords/Search Tags:Intellectual Property Protection, China-US trade friction, Coping Strategies
PDF Full Text Request
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