중국의 지적재산권 형법적 보호 -ACTA와 비교검토를 중심으로-

Abstract

Both Korea and China have a long history as a cultural superpower. Especially since the two countries have established diplomatic relations in 1992,both countries have become one of the most important trading and economic partners to each other. Since 2007, China has also conducted joint research on FTA of two countries, and FTA negotiations will be held soon. With the expansion of these economic trade cooperation, both countries need a deeper understanding each other. In this regard, Korea’s understanding the intellectual property laws of china is very important. China did not participate in the ACTA(Anti Counterfeiting Trade Agreement). But, criminal enforcement comply with the requirements of ACTA. This is because China’s intellectual property system in the beginning a little late, but as rapid economic development, they revised intellectual property laws quickly. Specially in 2001, China joined WTO and the intellectual property laws were amended to comply with the TRIPs. However, even though the law is enacted, the intellectual property laws of China have a lot of defects and the willpower of authority relatively weak. China is still the largest violator of intellectual property rights in the world, and the level of protection is still insufficient. Regard to the FTA of Korea and China, many Koreans are worried about China’s intellectual property protection level. For Intellectual property protection of Korea and mutual development and cooperation of the two countries the study in this field and an deeper discussion should be continued.