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The Analysis of the Influence on the Enforcement of Intellectual Property Law from ACTA in China

Author: ZhouHongFei
Tutor: JiangWanLai
School: Ningbo University
Course: Civil and Commercial Law
Keywords: Anti-counterfeiting trade agreement Agreement on Trade-RelatedAspects of Intellectual Property Rights Enforcement of intellectual property law international trade
CLC: D997.1
Type: Master's thesis
Year: 2013
Downloads: 2
Quote: 0
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ACTA system serves as the secret weapon for countries applying sound intellectual propertylaw in the implementation of intellectual property protection. Despite that China has not joined theACTA system and also frees itself from the direct constraint of relevant regulations. Based on thehistorical experience and statistical analysis, the author is able to conclude that the law enforcementwith regard to the intellectual property protection in China is influenced from the ACTA systemindirectly. This paper will start from the comparison of the ACTA and the existing internationalsystem for intellectual property to analyze the gap of our legal system for intellectual propertywhen compared with ACTA and also the influence caused, thus to make an estimation of theinfluence caused by ACTA on the international trade of China, some countermeasures will also beproposed to cope with the ACTA system in the end.The first part of this paper will begin with the theoretical analysis on the developmentbackground the contents of relevant treaties of ACTA system, and also make an investigation onthe response to ACTA from the international prospect and the reason for our refusal to join ACTA,the emphasis will be placed on the comparison of difference in ACTA from the currently appliedprotection system for intellectual property internationally, the advantages and disadvantages ofinfluence from ACTA on the currently applied intellectual property protection system in the worldwill be analyzed afterwards, namely ACTA could result into the transformation of the legislativeorigin and could also weaken the influence caused on the international system.The second part will conduct a comparative analysis to achieve a clear understanding of the gapin our intellectual property legal system with the ACTA system. The current situation and existingproblems in the enforcement of intellectual property law will be illustrated specifically, thedisparity in our legal system from the ACTA will be analyzed from aspects such aspolicies-oriented guidance in the intellectual property law and the level of protection in theintellectual property law etc, finally the advantages and disadvantages of our intellectual propertylegal system will be analyzed, which could well provide theoretical support to the analysis in thethird part.The third part in this paper will mainly analyze the influence on the international trade of Chinafrom ACTA system. In recent years, we have maintained an intimate relationship with negotiatingcountries of the ACTA system, meanwhile, the law enforcement with regard to our intellectualproperty could hardly meet the expectation of these countries, as a result, the launch of ACTA could well reveal the determination on the reinforcement of intellectual property protection of thesecountries, they will put more pressure on our country through a basket of measures that couldpossibly threaten the trade security of China, raise the trading cost and also increase our exposureto right infringement.The forth part will make an analysis on the attitudes towards ACTA and the counter-strategiesof China. China is able to figure out its counter-measures from both prospects as diplomacy andlegislation, but the emphasis shall be placed on the implementation of the law. On the one hand, wecould unite these developing countries to boycott the ACTA system through the exploitation of thecommon conflicts with negotiating countries from ACTA system; on the other hand, the legislationand enforcement of law in the respect of intellectual property could not only stimulate our cautionto relevant regulations of ACTA, it could also help us refer to relevant specifications of ACTA thusto improve the intellectual property protection system in China.

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