중국 지적재산권법에 관한 연구

Abstract

Korea's merchandise trade with China topped $100 billion in 2005 for the first time ever. as China had access into the WTO in 2001. Though laws related to intellectual property rights have been currently in effect since the revision thereof according to the provisions of the TRIPs Agreement. In China, intellectual property rights are considered important. Rights include intellectual products and industrial or commercial signs in accordance with laws. The rights include copyrights, patent rights, and trademarks. China is first Patent Law was enacted in 1984 and has been amended twice(1992 and 2000) to extend the scope of protection. To comply with TRIPs, the latest amendment extended the duration of patent protection to 20 years from the date of filing a patent application. China is Trademark Law first adopted in 1982 and subsequently revised in 1993 and 2001. The current Trademark Law went into effect in October 2001, with implementing registration to collective marks, certification marks and three-dimensional symbols, as required by TRIPs. China is Copyright Law established in 1990 and amended in October 2001. The new implementing rules came into force on September 15, 2002. Unlike patent and trademark protection, copyrighted works do not require registration for protection. China grants protection to persons from countries belonging to copyright international conventions or bilateral agreements of which China is a member. Legislation of intellectual property rights is grounded on the provisions of Articles 20 and 22 of the 1982 Constitution and the General Provisions of Civil Law. The Chinese administration, however has failed to respond properly to infringements on intellectual property rights. It is largely because details and methods for implementing the laws have not yet reached the lower levels of the administrative and judicial agencies, according to the latest interrogation by judicial interpretation by the Supreme People's Court. Trademark protection system of China is remaining socialistic element until now and it is difficult to understand the trademark law and confront trademark dispute which occurs in China.