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Policy Studies on IPR Protection in Chinese Agriculture and Agricultural Technology Trade after WTO Membership

Author: GongXiFeng
Tutor: TianWeiMing
School: China Agricultural University
Course: Agricultural Economics and Management
Keywords: TRIPs Agreement UPOV Agriculture Intellectual Property Rights Patent New varieties
CLC: F204
Type: PhD thesis
Year: 2004
Downloads: 1151
Quote: 12
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Abstract


Occupies an extremely important position in the World Trade Organization (WTO), intellectual property issues. Intellectual Property and International Trade combined into one, with trade in goods, trade in services \With China's accession to the WTO, the world's top ten agricultural multinationals seven the form of a joint venture company to enter the Chinese biotechnology, pesticides and seeds market, the trend of rapid growth in China's utilization of foreign capital. The same time, as in domestic agricultural research and enterprise technological innovation capability enhancement and implementation of the strategy of \one of the hot issues in the field of research and legal circles. In this study, mainly from the point of view of economic theory to analyze the WTO-TRIPs agreement as a kind of global regulations and systems of agricultural protection of intellectual property rights and trade in agricultural technology. View from the trend of the future of world agricultural trade, with the rapid economic development and the growth of people's income and scientific and technological progress, the proportion of high-tech agricultural products and high value-added processing of agricultural products will gradually increase the process of production of these commodities to establish in the application basis of patents and technical know-how. In this context, the future agricultural trade back more and more involved in the protection of intellectual property rights issues, if not handled properly, this could become one of the important factors to cause trade disputes therefore to carry out research in this area has a very important theory and practical significance. The paper first introduces agricultural intellectual property rights protection and economic development of the relationship, further elaborated on this basis, the main content of the WTO-TRIPs agreement, the characteristics and the basic principles, especially the basic requirements of the intellectual property protection of agriculture and agricultural intellectual property protection range and methods. Mode on the implementation of the rules of intellectual property protection and agricultural intellectual property best protection period is then deduced by the application of economic theory analytical framework and theoretical theoretical discussion, drawn agricultural patents and the general circumstances of the new varieties of practical and effective protection period of 6 to 10 years. Meanwhile, in a large number of search and design questionnaire based on the costs and benefits of intellectual property protection in China's agricultural theoretical analysis, in contrast to the other on the basis of the national patent and the Protection of New Varieties cost analysis apply for agricultural intellectual property protection in China high cost and infringement judicial litigation costs, the impact of the application and protection of intellectual property rights of China's agricultural; addition, the article also establish similar to the Patent Cooperation Treaty (PCT) and the nature of the International Plant Convention on the Protection of New Varieties to multinational patent application in a Pareto optimal principle theoretical discussion, on this basis, the article further comparative analysis of the implementation of agricultural protection of intellectual property rules of China's trade in agricultural technology, especially the possible impact of foreign direct investment, the results show that strengthen intellectual property protection of agriculture in developing countries will increase imports of agricultural technologies and products, the big developing countries especially the problems of agricultural intellectual property rights in China and the future of agricultural intellectual property protection objectives; articles on the basis of the questionnaire system and priority areas, agriculture, intellectual property rights protection priority order: new varieties, patents, trade secrets, trademarks and Origin. Divided by crop areas of focus are as follows: corn, rice, cotton, vegetables, rape and other white flowers pollinated crops. Finally strengthen agricultural intellectual property protection mode analysis of the impact of the introduction of agricultural technology and the implementation of the strategy of \

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