《反假冒贸易协定》若干问题研究
发布时间：2019-01-24 18:21
【摘要】：在WT0和WIPO框架下,《与贸易有关的知识产权协议》(即TRIPs协议)规定了知识产权的最低保护标准,并已被wTO所有成员国普遍接受,知识产权的保护标准基本实现了全球化。然而,发达国家并不满足于这种集中在实体权利上的保护,他们追求更高标准的保护,进而把目光集中到执法实践上来。加之,经济全球化的进一步发展,使得知识产权贸易的比重日益增大,假冒和盗版更加猖獗,严重影响了经济的增长,尤其是知识产权强国(即发达国家)。因此,美欧等为发达国家秘密谈判,制定了《反假冒贸易协定》(即Anti-Counterfeiting Trade Agreement,简称ACTA)。这是一部旨在加强国际贸易中知识产权执法标准的国际条约,其内容主要针对民事、行政、刑事、边境及数字环境下的四类执法措施和保护手段。与TRIPs协议相比,《反假冒贸易协定》对知识产权执法标准提出了更高的要求。《反假冒贸易协定》的生效和实施,标志着知识产权国际保护新秩序的建立,它将成为国际知识产权保护制度的重要组成部分,这将对包括我国在内的发展中国家产生巨大的影响。 引言部分,主要提出研究的问题及研究的目的。 第一章,通过分析《反假冒贸易协定》的产生背景,发达国家和发展中国家对该协定的不同态度以及该协定的最新发展动态,来全面了解制定《反假冒贸易协定》的原因和发展过程。 第二章,介绍了《反假冒贸易协定》的主要内容,分析出该协定的特点,从而更进-步的了解该协定。 第三章,与《TRIPs协议》中的相关规则进行比较,从民事措施、边境措施、刑事措施、数字环境下的执法措施以及争端解决机制等方面进行详细比较分析,从而看出该协定不仅保护标准超越了《TRIPs协议》的保护标准,且规定更加严厉。 第四章,通过前三章的研究分析,对《反假冒贸易协定》有了深入了解,在这一章中对该协定的影响和与我国知识产权法的比较做了较详细的分析后,提出我国的应对策略。 结论部分,总结全文得出结论：《反假冒贸易协定》反映了发达国家的根本利益,凸显出知识产权国际保护的强保护趋势,标志着知识产权国际保护新秩序的建立。而发展中国家一开始就已被排挤在外,这种被动会延续到日后的知识产权协议谈判及国际贸易竞争中。因此,发展中国家不能置身事外,要密切关注《反假冒贸易协定》的发展动向,对其具体内容进行专题研究,积极应对未来的各种挑战,这对发展中国家尤其是中国具有重要的战略意义。
[Abstract]:Under the framework of WT0 and WIPO, the Agreement on Trade-Related aspects of intellectual property Rights (TRIPs Agreement) stipulates the minimum standards for the protection of intellectual property rights, and has been generally accepted by all members of wTO. The standards for the protection of intellectual property rights have basically realized globalization. However, developed countries are not satisfied with the protection of substantive rights, they seek higher standards of protection, and then focus on law enforcement practice. In addition, with the further development of economic globalization, the proportion of intellectual property trade is increasing day by day, and counterfeiting and piracy are more rampant, which seriously affects the economic growth, especially the powerful intellectual property countries (that is, developed countries). Therefore, the United States and Europe and other developed countries secretly negotiated the "Anti-counterfeiting Trade Agreement" (Anti-Counterfeiting Trade Agreement, for short ACTA).) This is an international treaty aimed at strengthening the standards of enforcement of intellectual property rights in international trade. Its contents are mainly aimed at four types of enforcement measures and means of protection in civil, administrative, criminal, border and digital environments. Compared with the TRIPs agreement, the Anti-counterfeiting Trade Agreement sets higher requirements for the enforcement standards of intellectual property rights. The entry into force and implementation of the Anti-counterfeiting Trade Agreement marks the establishment of a new order for the international protection of intellectual property rights. It will become an important part of the international intellectual property protection system, which will have a great impact on the developing countries, including China. The introduction part, mainly puts forward the research question and the research goal. Chapter one, by analysing the background of the Anti-Counterfeiting Trade Agreement, the different attitudes of developed and developing countries towards the Agreement and the latest developments in the Agreement, To fully understand the development of anti-counterfeiting trade agreement reasons and development process. The second chapter introduces the main contents of Anti-counterfeiting Trade Agreement and analyzes the characteristics of the Agreement so as to further understand the Agreement. The third chapter compares with the relevant rules in TRIPs Agreement, including civil measures, border measures, criminal measures, law enforcement measures in the digital environment and dispute settlement mechanism. Therefore, the protocol not only exceeds the protection standard of TRIPs protocol, but also has more strict provisions. The fourth chapter, through the research and analysis of the first three chapters, has a deep understanding of the Anti-counterfeiting Trade Agreement. In this chapter, the author makes a detailed analysis of the impact of the Agreement and the comparison with the intellectual property Law of China, and puts forward the countermeasures of our country. Conclusion: Anti-counterfeiting Trade Agreement reflects the fundamental interests of developed countries, highlights the trend of strong international protection of intellectual property rights, and marks the establishment of a new order for international protection of intellectual property rights. Developing countries have been excluded from the beginning, and this passivity will continue in future intellectual property negotiations and international trade competition. Therefore, developing countries cannot stand aside and should pay close attention to the development of the Anti-Counterfeiting Trade Agreement, carry out thematic studies on its specific content and actively address the challenges of the future, This is of great strategic significance to developing countries, especially China.
【学位授予单位】：广西师范大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D996
本文编号：2414705
[Abstract]:Under the framework of WT0 and WIPO, the Agreement on Trade-Related aspects of intellectual property Rights (TRIPs Agreement) stipulates the minimum standards for the protection of intellectual property rights, and has been generally accepted by all members of wTO. The standards for the protection of intellectual property rights have basically realized globalization. However, developed countries are not satisfied with the protection of substantive rights, they seek higher standards of protection, and then focus on law enforcement practice. In addition, with the further development of economic globalization, the proportion of intellectual property trade is increasing day by day, and counterfeiting and piracy are more rampant, which seriously affects the economic growth, especially the powerful intellectual property countries (that is, developed countries). Therefore, the United States and Europe and other developed countries secretly negotiated the "Anti-counterfeiting Trade Agreement" (Anti-Counterfeiting Trade Agreement, for short ACTA).) This is an international treaty aimed at strengthening the standards of enforcement of intellectual property rights in international trade. Its contents are mainly aimed at four types of enforcement measures and means of protection in civil, administrative, criminal, border and digital environments. Compared with the TRIPs agreement, the Anti-counterfeiting Trade Agreement sets higher requirements for the enforcement standards of intellectual property rights. The entry into force and implementation of the Anti-counterfeiting Trade Agreement marks the establishment of a new order for the international protection of intellectual property rights. It will become an important part of the international intellectual property protection system, which will have a great impact on the developing countries, including China. The introduction part, mainly puts forward the research question and the research goal. Chapter one, by analysing the background of the Anti-Counterfeiting Trade Agreement, the different attitudes of developed and developing countries towards the Agreement and the latest developments in the Agreement, To fully understand the development of anti-counterfeiting trade agreement reasons and development process. The second chapter introduces the main contents of Anti-counterfeiting Trade Agreement and analyzes the characteristics of the Agreement so as to further understand the Agreement. The third chapter compares with the relevant rules in TRIPs Agreement, including civil measures, border measures, criminal measures, law enforcement measures in the digital environment and dispute settlement mechanism. Therefore, the protocol not only exceeds the protection standard of TRIPs protocol, but also has more strict provisions. The fourth chapter, through the research and analysis of the first three chapters, has a deep understanding of the Anti-counterfeiting Trade Agreement. In this chapter, the author makes a detailed analysis of the impact of the Agreement and the comparison with the intellectual property Law of China, and puts forward the countermeasures of our country. Conclusion: Anti-counterfeiting Trade Agreement reflects the fundamental interests of developed countries, highlights the trend of strong international protection of intellectual property rights, and marks the establishment of a new order for international protection of intellectual property rights. Developing countries have been excluded from the beginning, and this passivity will continue in future intellectual property negotiations and international trade competition. Therefore, developing countries cannot stand aside and should pay close attention to the development of the Anti-Counterfeiting Trade Agreement, carry out thematic studies on its specific content and actively address the challenges of the future, This is of great strategic significance to developing countries, especially China.
【学位授予单位】：广西师范大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D996
【引证文献】
相关博士学位论文 前1条
1 张猛;《反假冒贸易协定》（ACTA）解析：标准之变与体制之争[D];吉林大学;2013年
相关硕士学位论文 前1条
1 李焕焕;我国应对ACTA贸易壁垒的知识产权反制策略研究[D];南京理工大学;2013年
，本文编号：2414705
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