337clause and Sino-US trade............................................................ 10
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1. 0 Intellectual property protection issues in international trade area
1.1 The meaning of intellectual property rights
Intellectual property rights mean that citizens, corporation or other organizations are entitled by law to the exclusive rights of the intellectual achievements done by creative work in science and technology or arts and culture area. Such rights are known as personal rights and property rights, also called moral rights and economic rights. According to the "Convention on the establishment of the World Intellectual Property Organization" signed in Stockholm, 1967. Intellectual property rights including the rights to the following property: literary, artistic and scientific works; performances, CDs and broadcasts of artists; inventions in all human activities; scientific discoveries; industrial designs, trademarks, service marks and trade names and logos; all the other rights caused by intelligence activities in industry, Scientific, literary or artistic fields.
1.2 Theoretical basis for the protection of intellectual property rights in international trade area
For a long time, domestic and foreign scholars do a lot of economic analysis on strengthening protection of intellectual property rights and have formed many theories, here are two representative ones.
1.2.1 Product life-cycle theory
Vernon’s theory (1966) points out that, generally, any developed and mature industry needs to go through the following four stages:本
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Creating new products in the domestic market
Domestic market saturation, exports to foreign markets.
Providing products of this industry in foreign markets by FDI
Exporting products of this industry to domestic market
From the second stage, the products have entered the field of international trade, inadequate protection of intellectual property rights at this time will make the technology or patents included in the country's products flow into the importing countries with the exports. In that case, the third and fourth steps can not be successfully implemented. In this sense, protection of intellectual property rights related to the growth and development of an industry.
1.2.2 Theory of competitive advantage
Porter said in his national competitive advantage that a country's competitive edge can be summarized in four categories:
Elements situation, which refers to the necessary elements for participate in a competition in a certain industry.
Domestic demand situation, which means the country’s advantage of market demand compared with other countries.
Competitiveness and strategy of related industries. This mainly refers to the relevant industry's competitive edge.
Structure, competition and domestic environment which will have an impact on the industry’s maintaining of its competitive edge.
These four factors constitute the famous "diamond model. Knowledge products as the elements situation become the important factors affecting the competitiveness of a country. The protection of knowledge products are conducive to stimulating the enterprises to increase R & D investment, hence to increase their own intellectual property rights and to increase the country's reserves of kno
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