中國의 WTO加入과 特許法 改正에 관한 考察

다국어 초록 (Multilingual Abstract)

Multilateral trading system of the WTO has undoubtedly improved international trade by encouraging further globalization, and, as a result, emphasis on protection of intellectual property rights has become an inevitable necessity. WTO Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPs) is an attempt to narrow the gaps among protection laws around the globe, and, at last, establishes a set of international standards, by which all nations must abide. China who has acquired the WTO membership in December 2001, is trying to accommodate such rules. The present article analyzes the efforts of China in its pursuit of protection of intellectual property rights in international arena. Chinese patent law was largely underdeveloped during decades of communist regime. It was not until with the establishment of Chinese Intellectual Property Rights Office in 1980 and the coming into force of the patent law in 1394 that the significance of IPRs protection was recognized China made amendments to its patent law in 1992 and in 2000 to meet prerequisite conditions to GATT and WTO respectively. The second amendment reflects the effort to comply with WTO/TRIPs rules. For example, under previous Chinese patent law, offering patent products for sale was not an illegal act of infringing the patent right however, the current law explicitly states that such an act constitutes an infringement as is the case under Article 29 of the TRIPs It should be noted that the TRIPs is a necessary but not a sufficient condition for the protection of IPRs. The TRIPs, while seeking harmonization of intellectual property rights laws of individual nations, does not eliminate altogether the discrepancies among national laws. In addition, its provisions often provide inconsistent interpretation and enforcement measures. Therefore, Korea must observe the transition of the Chinese enforcement of the patent law, especially with regard to its effects on Korean exports of patented products to China. Studies of specific cases on the application of Chinese patent law must be pursued to prevent trade disputes with China over intellectual property rights in the future.

목차 (Table of Contents)

• Ⅰ. 서론
• Ⅱ. 중국특허법의 변천
• 1. 1984년 특허법 제정 이전 : 발명자증 시대
• 2. 1984년 특허법 제정 : 사회주의체제와의 공존
• Ⅲ. WTO/GATT 가입을 위한 중국특허법의 개정
• 1. GATT가입을 위한 제1차 특허법 개정
• 2. WTO가입을 위한 제2차 특허법 개정
• Ⅳ. 결론