국가의 지식재산보호 정책과 통상 분쟁 - 미국과 중국의 대립을 중심으로 -

Abstract

Intellectual property rights are recognized as legislative and policy rights for the industrial development of each country, and their scope and degree of protection are determined by the respective countries. On the other hand, there is a high need for international unified protection in terms of protection of intangible intellectual creation. In other words, it is the intellectual property right that coexists with the independent protection aspect of each country and the aspect of international harmonization. The problem is that the intellectual property protection policy of each country leads to the ordinary dispute. Disputes arise from differences in intellectual property laws in different countries and differences in actual enforcement. Developed countries require strong protection of intellectual property rights, while developing countries prefer mitigated forms of protection for their own industrial development. The recent trade dispute between the United States and China is ultimately attributed to China’s intellectual property protection policy. The United States is imposing large tariffs on China in order to resolve its foreign trade deficit. Looking at the items that the US imposes a high tariff on China and its rationale, it is intended to correct China’s misguided intellectual property policy. China has publicly announced countervailing duties and countermeasures by rebelling that the American attitude is against the free trade trend, but on the other hand it is constantly promoting its own intellectual property protection policy. In the end, the trade dispute between US and China is ultimately caused by the intellectual property protection policy, and therefore, the solution should be found in the intellectual property protection policy.