International Trade Law. International Intellectual Property Law

Author: Wang Chuanli
Publisher:
Publish Date: 2003-04-01
Features: This book is the third volume in the series of specialized works on international trade law edited by Professor Wang Chuanli, Dean of the International Law School and Doctoral Supervisor at China University of Political Science and Law. The first book in the series is "International Trade Law—Goods Trade Law," published by China University of Political Science and Law Press in June 1999. The second book is "International Trade Law—Legal Systems for Governmental Trade Management," also published by China University of Political Science and Law Press in September 2002. The third book, this one, is "International Trade Law—International Intellectual Property Law" (original title: "International Protection of Intellectual Property and Technology Trade Law"). According to our understanding, international intellectual property law typically includes two parts: international protection of intellectual property and cross-border transactions of intellectual property. From the three major categories of international trade—goods trade, services trade, and technology trade—international intellectual property law undoubtedly falls under the umbrella of international trade law. The international protection of intellectual property primarily relies on the conclusion of bilateral and multilateral treaties between countries, while cross-border transactions of intellectual property are mainly carried out through contracts between the parties involved. In practice, cross-border transfers of intellectual property ownership are relatively rare, with most cases involving the transfer of intellectual property rights, such as the common practice of transferring the use rights of patents, trademarks, and copyrights across borders. Through agreements, one party grants the other the right to use its intellectual property across national borders, which is also known as international licensing trade, and such agreements are referred to as international licensing agreements. To highlight the key points, this book focuses on the discussion of relevant multilateral international treaties in the field of intellectual property protection. In terms of international licensing trade, it primarily addresses the legal issues arising from the cross-border transfer of trademarks, patents, and proprietary technology, which is a narrower scope compared to the broader field of international intellectual property law. For fundamental theoretical issues related to the nature and principles of international intellectual property law, we attempt to summarize and explain them using the economic analysis of law.