A Research of the Protection System on Intellectual Property in China ----Analysis of the Application of TRIPs Agreement

• Main Authors: Peng Szu-Chou, 彭思舟
• Other Authors: Dominique T.C. Wang
• Format: Others
• Language: zh-TW
• Published: 2005
• Online Access: http://ndltd.ncl.edu.tw/handle/14731189103048579264

博士 === 中國文化大學 === 中山學術研究所 === 94 === In the REPORT OF THE WORKING PARTY ON THE ACCESSION OF CHINA, Chinese government stated that “The WTO Agreement would be implemented by China in an effective and uniform manner through revising its existing domestic laws and enacting new ones fully in compliance with the WTO Agreement.” This statement indicated an indirect application of WTO agreements in China, which means that WTO agreements, such as TRIPs Agreement, can only be applied by way of being transited into Chinese domestic laws rather than being applied directly. With regard to the reply to the TRIPs Agreement, this paper focuses on the changes of Chinese Intellectual Property (IPRs) legislations and the situation concerning implementation and application of TRIPs Agreement in China. In macro level, the paper points out the gap between Chinese IPRs laws and international IPRs legislations by comparison. In micro level, it also indicates the items need to be improved based on the analysis of IPRs protection system in China. Therefore, it is meaningful for businessmen and industries in Taiwan to aware of the trend of changes in Chinese IPRs laws so as to enhance their competitiveness. The paper consists of seven chapters, Chapter I for Prolegomenon, Chapter II for Summarize of IPRs Legal System in China, Chapter III for Implementation and Effectiveness of TRIPs Agreement in China, Chapter IV for TRIPs Agreement’s Impact on Main IPRs Laws in China and Differences between Chinese IPRs Laws and TRIPs Agreement, Chapter V for Case Study on Violations of IPRs Laws in China, Chapter VI for Summarize of IPR in Taiwan and Disputes Solutions, Chapter VII for Conclusion.