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Restriction on Intellectual Property Rights in International Trade

Author: LiuChangHai
Tutor: HuJiaXiang
School: Shanghai Jiaotong University
Course: Legal
Keywords: Intellectual property rights Limit TRIPS Agreement WTO
CLC: D997.1
Type: Master's thesis
Year: 2011
Downloads: 102
Quote: 0
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Abstract


Restrictions and protection of intellectual property rights is an important part of the intellectual property system , it includes not only the rational use of internal restrictions , including competition law and external legal regulation of intellectual property rights . Although the international community has not been a specific intellectual property restrictions treaty exists , however, in the face of increasingly strong intellectual property protection of intellectual property appropriate effective constraints , thereby balancing the intellectual property rights of private rights and social and public interests the relationship has become an important issue of the international community . It is gratifying that the members of parties in the framework of the WTO , reached on April 15, 1994 , \the protection of intellectual property rights issues make certain restrictive provisions , which each member of the intellectual property rights in its domestic law provides a strong basis to make certain restrictions . Restrictions to international trade in intellectual property for the study, intellectual property restrictions in the terms of the relevant international treaties , in particular the TRIPS Agreement , the terms of the relevant intellectual property restrictions more in-depth study . Chapter on the origin of intellectual property restrictions , the Type and international treaties , domestic law, their restrictions do simple generalization summarized . The second chapter analyzes the \some analysis , made ??certain suggestions . The third chapter is based on the analysis of the previous two chapters , according to the jury report of the WTO Dispute Settlement Body in Canada 's drug patent case , from an empirical perspective further clarify the terms of the TRIPS agreement on intellectual property restrictions in the practical application of the international trade . The last part of the conclusion is this article about international trade , intellectual property restrictions were briefly summarized .

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CLC: > Political, legal > Legal > International law > Private international law > International Civil
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