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A Study on Intellectual Property Right Protection in the U.S. Foreign Trade Policy

Author: ShenZuo
Tutor: LiuYing; WangZiChang
School: Jinan University
Course: International relations
Keywords: American Trade Policy Intellectual Property Right Protection Special301 WIPO TRIPs
CLC: F204
Type: PhD thesis
Year: 2012
Downloads: 1285
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Abstract


From the perspective of trade politics, the thesis aims to do a research on theeconomic motivation and political foundation for the formation of American foreignintellectual property protection policy. Basing on this, the dissertation is also tointegrate the international relation and internal politics, so as to build an explanationframework for the formation, development and implementation of foreign intellectualproperty protection policies.In the1970s, the U.S. economic hegemony gradually declined under the pressureof international economic competition, however, the rise of knowledge economy andAmerica’s competitive advantage in intellectual property provides a good opportunityfor America’s rise in economy again. In the era of knowledge economy, knowledgeand technology has become the core to stimulate economic growth. Besides, it alsoprovides the basic impetus for the introduction of the American foreign intellectualproperty protection policy. In order to maintain and expand competitive advantage intrading in the increasingly fierce international competition environment, the U.S.government links the trade policy and intellectual property in the situation of "fairtrade", and to provide a sufficient legal basis for the foreign intellectual propertyprotection by strengthening the terms of trade retaliation. Meanwhile, the U.S.Congress and executive departments are to reform the domestic decision-makingsystem, and to combine the power of interest groups into the decision-making circlesof the United States trade policy, thus to further strengthen the enforcement of thepolicy of the American foreign intellectual property protection.Intellectual property protection policies have become favorable measures topromote national economic development and technology for international competition.From the specific implementation of the American foreign intellectual propertyprotection policy, the United States is to stimulate the trade partners to strengthentheir effective protection of U.S. intellectual property rights by adopting bilateralmeasures, such as the terms of the GSP in the foreign trade system and "Special301".In terms of multilateral intellectual property policy, the US-led developed countries succeed to swift from WIPO to the GATT from their own economic interests byapplying "Regime Shifting" strategy. In the GATT Uruguay negotiation, the U.S.government and interest groups actively cooperate. They not only succeed to take theissue of intellectual property rights protection into the negotiating agenda, but also touse trade policy to promote the establishment of the WTO/TRIPs system, andultimately achieve the policy objective of the internationalization of intellectualproperty rights of U.S. standards.

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