Study On The Improvement Of China’s Legal System Of Intellectual Property Protection Under The First Phase Of The US-China Economic And Trade Agreement

Since the Sino-US trade friction in 2018,the field of intellectual property rights in China has been hit by a large impact,and many enterprises with high-tech industries as the core have been sanctioned by the United States,and Huawei and ZTE are the best examples.At the same time,we can also see that intellectual property rights have become the main battlefield of Sino-US trade friction,and the United States,in order to maintain its dominant position of intellectual property rights in the international market,frequently launches unilateral investigations against China and arbitrarily sanctions our enterprises with the intention of curbing our development.On January 15,2020,Washington time,China and the United States signed the Economic and Trade Agreement between the Government of the PRC and the Government of the United States of America(Economic and Trade Agreement between the Government of the PRC and the Government of the United States of America,hereinafter referred to as the "China-U.S.Phase I Economic and Trade Agreement" or the Agreement),which is a milestone achieved by the two countries only after a long period of tugging,and China should fully realize that the Agreement has both put forward new requirements for the legal protection of intellectual property rights in China and provided an opportunity to improve the legal system for the protection of intellectual property rights in China.Take this opportunity to improve the legal system of intellectual property protection in China and form a legal system of intellectual property protection with Chinese characteristics in the new era.This paper is divided into four chapters,and the main content of each chapter is as follows:The introductory section briefly describes the importance of the US-China intellectual property dispute in the U.S.-China trade dispute and the signing of the US-China Phase I Economic and Trade Agreement,leading to the significance of this paper.It summarizes the domestic and foreign studies on the issue of China-US intellectual property disputes and the Sino-US Phase I Economic and Trade Agreement,summarizes their different views,analyzes the research results and shortcomings,and finally presents the innovations and shortcomings of this paper.The second part summarizes the common means used by the U.S.to defend its intellectual property rights,i.e.,issuing the Special 301 Report and "337 Investigation",sorts out the relevant contents of the Report involving China from 2019 to the present,and points out the nature of the Report’s unilateral and lack of objectivity;collates the U.S.-related cases in the mainland of China The statistical data on the number of "337 investigation" cases in the mainland of China and the analysis of the characteristics and nature of the U.S."337investigation" and its impact on China.On this basis,the four main focuses of U.S.-China IPR disputes are summarized: trade secret protection,pharmaceutical patent system,technology transfer,and IPR enforcement.The third part focuses on the four focal points of the Sino-US intellectual property disputes summarized in the second part,analyzes the specific contents of the intellectual property provisions in the Sino-US Phase I Economic and Trade Agreement,and compares them with the relevant legal provisions in China at the present stage,analyzes the gap between China’s legal provisions and the provisions,and identifies the shortcomings of China’s intellectual property legal protection system through the gap.In the fourth part,based on the previous paper,we propose the improvement of China’s IPR legal system in terms of trade secret protection,pharmaceutical patent system,IPR enforcement measures and technology transfer system,taking into account the actual situation in China.In terms of trade secret protection,this paper suggests that China should further clarify the elements of confidential business information,refine the legal requirements for the disclosure of trade secrets by the government and clarify the standard of proof of "prima facie evidence".In terms of IPR enforcement measures,in order to further regulate the e-commerce market,China can introduce a bona fide error notification exemption system in the relevant laws and increase the penalty of revocation of business license by the platform.In the physical market,China can increase the penalties for counterfeiting and piracy and establish an IPR enforcement information disclosure system to better regulate IPR enforcement in China;in the area of technology transfer,China needs to systematically integrate the legal norms of technology transfer to avoid the absence,duplication and conflict of core contents.