중국의 WTO TRIPs 협정 위반 분쟁사례에 관한 연구

• 영문명: A Study on the Case of China’s Violation of the WTO TRIPs Agreement
• 발행기관: 한국무역연구원
• 저자명: 상요오(Yaowu Chang) 장선미(Sun-Mi Chang)
• 간행물 정보: 『무역연구』제17권 제4호, 175~190쪽, 전체 16쪽
• 주제분류: 경제경영 > 무역학
• 파일형태: PDF
• 발행일자: 2021.08.30

영문 초록

Purpose - This paper analyzes cases related to intellectual property rights (IPR) in China filed with the WTO Dispute Settlement Understanding. The causes of intellectual property disputes in China were identified and the process of a resolution was examined. Through this, we intend to identify the problems of the IPR system in China and suggest a complementary direction for the system. Design/Methodology/Approach - The definition and classification of IPR and the TRIPs agreement related to IPR are reviewed through various documents, and cases related to IPR filed with the WTO are found and arranged, and among the cases of disputes related to IPR, 4 cases involving China are in-depth analyzed. Findings - China’s laws related to IPR were created to raise the level of science and technology in the early stages of reform and opening, and many parts do not fit with the current stage of development. The lawsuits in the US and Europe are demanding that China actively rectify the problems in the related system and supplement the laws and systems related to technology transfer. This had a positive effect on the improvement of China’s technology transfer system, and the content of the lawsuit itself can be evaluated as helping to promote China’s technology transfer system reform. In addition, China will have to strengthen relevant legal provisions while also modifying controversial legal provisions. At the same time, while supplementing international technology transfer laws, it is necessary to pursue the development of core science and technology by focusing on self-development. Research Implications - In recent years, China has continuously strengthened the protection of IPR, and the intellectual property protection legal system has gradually developed and achieved great results in the field of intellectual property protection. Since China acceded to the WTO in 2001, amendments and supplements to domestic intellectual property laws have been gradually internationalized, but technology transfer efforts are still necessary.

목차

Ⅰ. 서론

Ⅱ. 선행연구

Ⅲ. 지식재산권 및 TRIPs 협정

Ⅳ. 중국 지식재산권 관련 분쟁사례

Ⅴ. 결론 및 시사점

References

키워드

China Intellectual Property Rights(IPR) TRIPs Agreement WTO Dispute Settlement