International Trade Law

Author: Wang Chuanli
Publisher:
Publish Date: 2003-04-01
Features: Preface This is the third book in the series of specialized monographs on international trade law edited by Professor Wang Chuanli, Dean of the School of International Law and Doctoral Supervisor at China University of Political Science and Law. The first book 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, published by China University of Political Science and Law Press in September 2002; and the third book is this one, 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—it is clear that international intellectual property law belongs to the field of international trade law. The international protection of intellectual property primarily relies on the signing 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 rights to use patents, trademarks, and copyrights across borders. Through agreements, one party grants the other the right to use its intellectual property across 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 context 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 mentioned above. For fundamental theoretical issues related to the nature and principles of international intellectual property law, we have attempted to summarize and explain them using the economic analysis of law. Any inaccuracies in this regard are respectfully open for correction by fellow scholars in the legal community.