초록 열기/닫기 버튼
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.
