TRIPs

TRIPs



TRIPs

Introduction

Since the end of World War II, the share of intellectual property in the form of patent, trademark or copyright of the origin and nature of goods and services immense: included, for example, in 1947 less than 10% of U.S. exports intangible components, there were 1997 close 40%. But not only the value of the intangible, i.e. intellectual component has increased significantly, but also the ability to imitate intellectual property and counterfeiting, with countries like the PRC, Taiwan, Hong Kong and Singapore but also Czech Republic and the United States and some Latin American countries especially are striking. Intellectual property rights - such as intellectual property rights are also called - give the creator of a spiritual power in the control space and time-limited monopoly rights to commercial exploitation. Among the most important intellectual property rights include patents, industrial designs, trademarks, copyrights, and operating and business secrets (Ronald, 2008).

Discussion

The consequences of inadequate IPR speak from the perspective of the enterprise, especially in the form of sales and revenue losses (in 2001 about 330 billion U.S. dollars worldwide), in reputation and "goodwill" losses, as well as unauthorized actions for damages. Against this background, in 1995, the Agreement on Trade-Related Aspects of Intellectual Property Rights (Trade-Related Intellectual Property Rights, TRIPs) annexed as another pillar of the WTO in 1995. The two main companies included in the TRIPs treaties are the Paris Convention on Industrial Property and the Berne Convention for the Protection of Literary and Art. The TRIPS Agreement applies to WTO members, which are among the industrialized countries, since 1 January 1996, for the developing and transition countries since 1 January 2000 (Roger, 1997). The Chinese legislation on the protection of intellectual property protection offer formal comprehensive protection of trademarks, patents, copyrights and related rights. China was already before the WTO in December 2001, the signatories of the above two major conventions. The provisions are broadly in line with the usual rules in Western countries (Justin, 2008). Only with regard to the scope of protection and enforcement options reached China yet no international standard (Dietmar, 2007). Unfortunately gapes in China in this regulatory area a particularly large gap between expectation and reality: China is among the countries with the most extensive and serious violations of intellectual property rights. Estimates of foreign producers in China, according to at least 30% of their branded products counterfeiting. This is classified as “optimistic." The causes and the reasons why the situation in the near future will not improve should be outlined in the following: In Chinese tradition, learning means first of all imitation. The Chinese believe it is against that mental performance may be secret, that they are the property of individuals, and that they are available only against payment. Economic conditions: Whole industries thrive on the imitation of famous brands and equipment. Consumers are used to purchase music; movies and software on pirated CDs. Common in all regions of China are no original purchase. A distinct lack of enforcement of the Chinese legal ...