Research On The History Of Sino-US Intellectual Property Disputes (1979-2001)

This paper takes the history of intellectual property(IP)disputes between China and United States from 1979 to 2001 as the research object.It can be known that it has a phased nature.It is planned to adopt a phased approach to sort it out and divide it into four stages: the stage of intellectual property dispute emerging(1979-1988),the stage of intellectual property legislation dispute(1988-1992),the stage of intellectual property enforcement dispute(1993-1995),the stage of intellectual property agreement implementation dispute(1996-2001).Through the relevant literature on Sino-US intellectual property disputes from1979 to 2001,we can see that in the first stage,that is,the stage of intellectual property disputes,with the establishment of diplomatic relations between China and United States in 1979,the economic and trade relations between the two sides embarked on a path of rapid development.Therefore,this paper first systematically sorts out the development process of Sino-US economic and trade relations from 1979 to 1988.During the interactive development of this period,US deficit with China continued to expand and its reasons were attributed to the ineffective intellectual property protection system in China.The Chinese side believed that US trade deficit with China was due to the US’s strict export control measures against China,and the Sino-US intellectual property dispute has begun.In the second stage,due to the huge gap of intellectual property legislation between China and United States,United States launched The Sino-US Science and Technology Cooperation Agreement on intellectual property negotiations and1991-1992 Negotiations on intellectual property disputes.The focus of negotiations was on whether China’s intellectual property legislation protection standards in accordance with US standards.According to the results of the two negotiations,China actively implemented its commitments and initially formed the basic framework of intellectual property law with the core of the Copyright Law,the Trademark Law,the Anti-Unfair Competition Law and the Patent Law.Meanwhile,China joined a number of international intellectual property conventions.In the third stage,because United States did not recognize the achievements of China’s IP enforcement,United States once again set off a confrontation with IP enforcement.The focus of its confrontation was whether the losses caused by the relevant industries in United States were unfavorable to China’s law enforcement efforts.Through several rounds of negotiations,China and United States signed an IP enforcement action plan in 1995.In order to implement bilateral agreements,China has strengthened the crackdown on intellectual property rights and strengthened the popularization of intellectual property protection concepts.In the fourth phase,because US believed that China has not actively fulfilled the law enforcement action plan signed by both sides,United States once again set off a confrontation.The focus of the negotiations was whether China was actively implementing the IP action plan.After negotiations,China has renewed its commitment to the 1995 IPR action plan.According to the agreement reached,China continued to fulfill its commitment and to promote intellectual property protection in legislation,law enforcement and legal propaganda.Through analysis and research,it is found that the root cause of intellectual property disputes between China and United States lies in the competition of economic interests among countries.As China strives to improve its intellectual property trade competitiveness,the friction among intellectual property trade between China and United States will not end,but it will become more intense.Therefore,on the one hand,China should strengthen the construction of its own intellectual property protection system and cultivate awareness of intellectual property protection among the whole people;on the other hand,it should enhance the ability to respond to intellectual property disputes and effectively protect its intellectual property rights and interests.