Intellectual Property in China

Topics: Intellectual property, World Trade Organization, Copyright Pages: 49 (16215 words) Published: November 8, 2012
|TRIPS与中国法治的平衡:过去,现在,未来 | |The China TRIPS Equation: Past, Present, and Future | |(申请清华大学法学硕士学位论文) | | | |培 养 单 位 |: |法学院 | |学 科 |: |中国法 | |研 究 生 |: | | | | |美兰 | | | |Orendach JaNette | |指 导 教 师 |: | 王兵 | | | | | | | | |二○○七年五月 | | | |


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文章分两步进行分析。首先讨论《与贸易有关的知识产权协议》不能成为,至少现在不能成为中国知识产权保护模式理想选择的原因。尽管现实是中国已签署了《与贸易有关的知识产权协议》,中国有义务遵守该协议。为此,本文提出各种可能的选择,使国际准则与中国本土文化能够更好结合, 同时提出一些中国应对国际指责的方式。总之, 希望这方面研究能够完善,可以进一步帮助中国在自己的道路上沿着这个方向走下去

关键词: 司法独立 司法解释 司法改革


China is a nation whose economy has taken massive leaps and bounds since the open door policy was enacted. With the growth in the economy, it was determined that legal reform was necessary to meet China’s changing needs in the international arena. The promulgation of a profusion of laws, however, does not mean a change in the culture or the people’s thinking will instantly follow. In the area of intellectual property, this gap between law and practice has earned China criticism from developed nations. This paper is confined to analyzing and discussing the completely different path that China has taken in development of its concept of intellectual property. These differences have ramifications on China’s ability to conform to an international intellectual property system that was designed to fit the development of the Western nations. This issue will be...
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