碩士 / 中國文化大學 / 法律學系 / 99 / The economics of the main land of China has been growing up fast in recent years. China had just overtaken Japan to become the world's second largest economy. From 2008 A.D., the political, economical and trading interaction in cross-strait has been more frequent, and with the same language in addition, the problems in respect of infringing upon intellectual property right in cross-strait has also been emerging in endless. With the high frequency of economical and trading interaction in cross-strait in recent years, the protection of people’s intellectual property right is necessary, and is also the issue that both China and Taiwan should face nowadays. However, with the difficulty in respect of politics and law in cross-strait ahead, it is necessary to repair the law and establish relevant solution mechanism to the emerging problems in respect of infringing upon intellectual property right in cross-strait.
The Executive Yuan on July 1st 2010 adopted the resolution which is "Cross-strait Economic Cooperation Framework Agreement" and "Cross-Strait Agreement on Intellectual Property Right Protection and Cooperation" signed by the fifth Chiang-Chen Talks. It was also provided to the Legislative Yuan for consideration based on the "Act governing relations between the people of the Taiwan area and the mainland area "article 5, paragraph 2. Legislative Yuan completed the Second Reading of "Cross-Strait Agreement on Intellectual Property Right Protection and Cooperation" on August 17th, Straits Exchange Foundation and Association for Relations across the Taiwan Straits also exchanged the notes on September 11th, the two agreements came into effect on the next day. It wrote a new page of IPR history in the cross-strait, and will certainly influence the economics and trade in cross-strait considerably. Therefore, the paper tries to explore on "Cross-Strait Agreement on Intellectual Property Right Protection and Cooperation ", and to classify and analyze the IPR problems that people of Taiwan encounter in the mainland of China, and also to give comments on the agreement. It also tries to recommend the following support mechanisms and future legislation by comparing to the international legislation. Finally, it will make a conclusion which should help to protect the people’s intellectual property rights substantially in cross-strait in the future.
| Identifer | oai:union.ndltd.org:TW/099PCCU0194024 |
| Date | January 2011 |
| Creators | Hsien-chih Yi, 易先智 |
| Contributors | 林信和 |
| Source Sets | National Digital Library of Theses and Dissertations in Taiwan |
| Language | zh-TW |
| Detected Language | English |
| Type | 學位論文 ; thesis |
| Format | 169 |
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