作业代写：Overseas intellectual property frictions

下面为大家整理一篇优秀的essay代写范文- Overseas intellectual property frictions，供大家参考学习，这篇论文讨论了海外知识产权摩擦。海外知识产权摩擦，就是发达国家依托自身知识产权优势和先进技术水平，利用知识产权制度和相关国家政策，在保护知识产权的“正当”名义下，限制别国企业在国内外市场竞争的不正当措施和策略，以达到维护其知识产权优势和市场优势的目的。在全球经济进入产业结构重构的时代，缺乏知识产权的企业若无力改变这种局面，在全球化中就会受制于别人。

With the rise of China's economy and the rapid development of foreign trade, "made in China" has attracted more and more attention from the international community. But at the same time, the news that Chinese enterprises are confronted with intellectual property disputes in both domestic and overseas markets keeps coming up, and the issue of intellectual property rights has become an unavoidable focus in the process of Chinese enterprises participating in international competition. Intellectual property rights friction, has been related to the survival of enterprises and national economic security.

The essence of the Chinese and foreign intellectual property rights friction, it is developed countries rely on their own intellectual property rights and advanced technology level, using the intellectual property system and the related national policy, in the protection of intellectual property rights under the name of the "legitimate", restrict China's enterprises in market competition both at home and abroad of improper measures and strategies, in order to maintain the purpose of its intellectual property advantage and market advantage.

Chinese enterprises because of the lack of independent with the intellectual property rights and have to pay a hefty royalties, or because of intellectual property litigation produced huge costs and greatly increased the cost of enterprise, friction in the international market competitiveness of Chinese products, Chinese enterprises foreign direct investment and transnational production have also been affected. When the global economy enters the era of industrial restructuring, Chinese enterprises without intellectual property rights will be subject to others in globalization if they cannot change this situation.

From the perspective of development trend, from the United States to Europe, Japan, Korea and other developed countries, from labor-intensive products to high-tech products, from China's "friction" other countries to other countries' "friction" China. There is also a change from intellectual property disputes between enterprises to intellectual property systems, from corporate strategy to national strategy.

If a few years ago in our country are faced with the intellectual property rights friction, is in the developed countries think that China's intellectual property laws and regulations can not effectively protect intellectual property rights in foreign countries, export enterprises infringement is serious, is "I" friction, then the current, developed countries take advantage of their own intellectual property rights, from system design to the enterprise strategy, the government and enterprises together to battle, the implementation of unfair competition, friction into "I", in an attempt to weaken our country enterprise.

Taking the United States as an example, article 1, paragraph 8, patent law, trademark law, copyright law, trade law, anti-unfair competition law, Uruguay round agreement and customs regulations of the United States all contain a lot of intellectual property protection. For example, the "general ban password" of article 337 will also prohibit the import of all products of the same kind in the country where the defendant is located, including those not included in the defendant. The U.S. trade representative also listed China as a key subject of supervision in the special 301 report for several years. If China fails to fully implement the agreement, trade sanctions will be imposed.

Since 2002, Japan has launched a series of major measures around intellectual property, such as the publication of the outline of intellectual property strategy and the national strategy of "establishing the country with intellectual property". The eu has set up trade barriers by setting up a large number of technical standards centering on the intellectual property rights of high-end technologies. These standards, combined, cover a wide range of products, complex regulations, strong pertinence, and often have great flexibility in implementation.

The abuse is mainly manifested as the unauthorized extension of the protection period, the rejection of parallel import and the refusal of license without justified reasons. Intellectual property licensing contracts with restrictive competition clauses are mainly manifested as: unfair terms in technology trade contracts, such as regional restrictions or distribution; Scope of use or customer restrictions; Proprietary trading; The licensee is prohibited from licensing, selling, spreading or using competitive technologies in the license contract; Cross-licensing or joint venture agreements; The return or license contract requires that licensee's improvement of the licensed technology may be given to licensor or a third party; Acquisition of intellectual property rights through horizontal merger; Implementing invalid intellectual property rights; Discriminatory prices, etc.

At present, most transnational corporations have completed the global patent strategy. As the main representative of developed countries participating in international competition, they have mastered more than 80% of the patents of new technologies and new technologies in the world, controlled about 80% of the development of cutting-edge technologies and 30% of international technology transfer, and monopolized international technology trade. As a developing country, China's technology research and development starts late. Even if advanced technology is invented, it is difficult to apply for advanced and core technology patents.

There are two cases of multinational companies' malicious registration of corporate trademarks in China. One is the same kind of competitive enterprises. The other is that professional companies rely on this blackmail to swindle China's export enterprises, and become the trend of industrialization and professional operation, such as shenzhen Braun company in Hong Kong, China's pine tree electrician, le baishi beverages, lizhu medicine, black sister toothpaste and other more than 180 well-known brands. Generally, these companies first predict the possibility of entering the market of China's traditional trademarks, and then register them deliberately, and then sell the trademarks or Sue for damages under the name of "infringement".

Transnational corporations take advantage of their own intellectual property rights and choose Chinese enterprises with competitive advantages in the international market as their target. Due to intellectual property litigation time is long, three years is not the case is very normal things, during this time, multinational companies often use the power of the media, public opinion, error guide the consumer, the accused company often carrying infringement of reputation, big market, although the final multinationals may fail, but its purpose has been achieved.

As for the friction of intellectual property rights, China is on the defensive both in strategy and concrete strategy, as well as in its own strength. From a long-term perspective, China should change from passive to active and seek ways to respond.

At the government level, China should formulate the national intellectual property strategy in line with politics, economy and culture as soon as possible, establish the early warning and emergency mechanism of intellectual property barriers, establish the management system of intellectual property barriers, and speed up the formulation of China's anti-monopoly law.

To solve the problem of intellectual property right friction, enterprises should take the lead. In view of the intellectual property barrier of product export, export enterprises should keep abreast of the changing trend of consumption demand in the international market, and keep abreast of foreign policies and relevant information. We should change the export trade model that used to develop mainly by increasing the export quantity of products, and establish the development idea of relying on the progress of science and technology, increasing the content of science and technology, reducing production cost, improving product quality and expanding product functions.

Formulate international operation strategy and market diversification strategy. Regional economy has become a major trend in the development of world economy and trade. Under this model, there are relatively few kinds of trade barriers, including technical trade barriers. Therefore, Chinese enterprises should change their management ideas and marketing strategies, set up branches abroad and place investment in the main market and economic integration areas of products, which will largely bypass the restrictions on intellectual property barriers. Export enterprises should take the road of market diversification and establish an international dealer network. Close contact with foreign organizations in China, participate in large-scale domestic and foreign exhibitions and sales activities, establish information centers and other measures to increase international marketing and development efforts, so as to avoid the situation of difficulties caused by the closure of a country's market. At the same time, I have a thorough understanding of the laws and regulations of various countries in the import trade of products, and pay attention to avoiding substantially increasing the export of a product to a country or the same market at the same time.

In view of intellectual property barriers, export enterprises should strengthen their awareness of intellectual property rights, understand the laws and regulations of the relevant intellectual property rights of the exporting countries, collect relevant information, establish an early warning mechanism for intellectual property rights, and avoid the loss caused by intellectual property barriers. Only by facing the advantages of developed countries in economy, science and technology and intellectual property rights and the great pressure on China, can we develop leading industries, technologies and products with independent intellectual property rights as soon as possible, and change the passive situation of patent, can we break through foreign intellectual property barriers.

Chinese enterprises should strengthen the learning and reference of international standards and quality certification system, and select appropriate and feasible technical standards for my use in combination with their own characteristics and market development. Enterprises should master the standard frontier of the industry, strengthen cooperation with domestic and foreign enterprises, and establish standard strategic alliance if necessary.

When foreign enterprises abuse their right of complaint and intellectual property, Chinese enterprises should dare to Sue or answer the lawsuit. When intellectual property barriers occur, the wto dispute mechanism should be used actively to defend them.

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