Intellectual Property Protection in International Investment Law status _2921

[wlsqfjaru]

Intellectual Property Protection in International Investment Law Status
 
 
[Abstract] Investment Law from the perspective of intellectual property protection is of great significance, because, as intangible assets, intellectual property is between multinational and national importance of economic competition between the chips is an important component of international investment, international investment, rapid development is inseparable from the legal protection of intellectual property. In international investment liberalization and global economic integration at the request of the international intellectual property protection has increasingly become an important component of investment legislation, foreign investment laws in various countries, various bilateral investment treaties, regional investment treaties and global investment treaties, Terms of intellectual property protection is being occupied and occupy an important position. The level of protection of intellectual property and intellectual property protection rules sound or not, will be judged good or bad a country's investment environment and evaluation of the level of investment in an important basis for legislation.   [Key words] Investment Law Intellectual Property International Investment   First, intellectual property protection in the international investment position and the need for legal protection of intellectual property   in technology information, the rapid development of transportation and communication today, in the global economic integration has become an irreversible world, who has knowledge will have it all, which company has the most advanced technology, the company is the most competitive companies Which country can have the most cutting-edge technology, the country is the most competitive countries. To seek the help of international investment and technology monopoly monopoly of the use of technology to enhance and maintain competitive advantage and thus has become an important strategy for global competition, multinational corporations. In the developed countries have access to post-industrial phase of the first case, the technology to become a monopoly, maintaining monopoly, to break the foreign monopoly, achieved the most important foreign monopoly conditions. Therefore, the intellectual property of foreign investment in today's developed countries is extremely important to the position.    China's leading international investment law by Professor Yu Jinsong In discussing the international investment and the relationship between intellectual property protection had brilliantly pointed out: property rights as a property is for investment, if not as an investment, you can get in the way of technology transfer through. No matter what kind of foreign-invested enterprises by way of access to intellectual property, intellectual property protection is a very important problem. inadequate protection of intellectual property rights can also be seen as a barrier to trade and investment barriers. Some companies have invested heavily in developing new technologies and new products, if the lack of effective protection of intellectual property rights, freedom of the technology, there are competitors and gratuitous risk, they certainly will not want to invest. for foreign investors, especially high-tech producers, strengthen the international protection of intellectual property rights, undoubtedly contributed to their entry into other countries and to prevent other countries with low market the cost of copying exports. Therefore, protection of intellectual property rights also contribute to the protection of international investment and promote the development of international investment. have the ability to develop new technologies, the greater is the ability to develop new overseas markets and capture new markets; more has the capacity to invest abroad with high-tech intellectual property, the more is the ability to achieve international dominance, this is a virtuous circle Investment - competition - investment patterns. It can be said, in a knowledge economy, foreign investment will be mainly for industry selection and capital-intensive high-tech industry industrial investment, intellectual property investment international investment in the future competition will dominate.   Economic competition from the national point of view, for the developed countries, with the adjustment of industrial structure and competitive advantage of the shift in global economic competition, the developed countries gradually lost in the labor-intensive products and the competitive advantage of labor-intensive services, they maintain and continually enhance the high-tech products and services, the competitive advantage of ①,You are not allowed to view links. Register or Login, this advantage to develop and maintain and even strengthen, inseparable from the protection of intellectual property ②. Over the past few years, counterfeiting and piracy of intellectual property rights to the developed countries have a serious impact on the economy. Only the United States, commercial counterfeiting, copyright and industrial design of intellectual property infringement and other violations of the frenzy has seriously affected the invention of the United States in terms of comparative advantage [2] (P368). according to the U.S. International Trade Council survey, only in 1986, the U.S. industry on a global scale internal types of intellectual property infringement losses suffered by the 43 billion U.S. dollars to 610 billion, through parallel import channels, which caused losses of up to 10 billion U.S. dollars [3] (P309)   intellectual property infringement through direct investment, investors tend to make the formation of tariff barriers, such as to avoid, reduce production costs, direct occupation The advantage of overseas markets twinkling of an eye gone. For the high-tech investment, the situation is particularly serious, because these products can be a fatal weakness is easily imitation and counterfeiting. For example, integrated circuit design is a three-dimensional integrated circuits by the original mask layout, the design is extremely complex and huge investment, but this layout but can be easily replicated by means of photographs. Research and development of high-tech products as the high cost of the product increasing the proportion of the cost, so that the level of protection of intellectual property rights of transnational investors do not invest in countries with high face enormous risks. Because the formation of these investments in the host country to enter the host country finished the local market, although there is no duty to obstruct a host of various tax incentives and policy support, so that the product is lower than the cost of production in the host country's production costs in the home country, however, as high-tech products, product research and development costs will not lower the number, but also facing the training of local technicians and skilled workers the burden of adaptation to local consumer demand and many new difficulties, therefore, to achieve high profits and high-tech investment easy. However, once the products are counterfeit and could not rely on low-cost strong local intellectual property legislation to stop and sanctions, and investors products are difficult to enter the overseas markets outside the host country, host country is also difficult to keep the local market.   Second, investment protection, intellectual property rights in the capital importing country, the status of foreign law   capital-importing countries for the protection and management of foreign investment, often enact laws on foreign investment, access to foreign capital and investment to foreign investors and the legal status of foreign-invested enterprises, tax and benefits, the original and legitimate income remitted profits, expropriation, nationalization and compensation, corporate ownership and investment protection to provide for dispute resolution. These laws often referred to as foreign law. In addition to the broad expertise of the Foreign Investment Law Foreign Investment Law, also includes relevant laws and regulations concerning foreign investment provisions, such as the Foreign Exchange Management Act, foreign tax law, patent law, trademark law, contract law, customs law, Civil , commercial law, company law, antitrust law. Therefore, investment protection of intellectual property rights of States, not only with a special foreign investment law, but also a number of intellectual property protection by means of specificity and protection of intellectual property legislation and other relevant legislation, and some even rise to the constitutional protection height.   For the protection of foreign investment and provide a better investment environment, some countries in the Constitution on foreign investment and foreign investors have made special provisions for property rights. For example, in China, as the first level of legislative norms, the Chinese Constitution provides for the use of forms of enterprises with foreign investment and foreign investment regulations and the legitimate interests of foreign investors protected by Chinese laws, which basically affirmed the right of foreign invested enterprises legal protection. Should be said that constitutional protection of foreign investment and foreign investors   Country specific foreign investment legislation, often including the composition of foreign capital (foreign investment capital that way) the special provisions, often in the form of foreign capital to do in a broad sense. For countries to foreign investment law in the form of foreign investment protection and control, usually also include cash, physical assets, industrial property rights. Foreign countries to protect industrial property law is a wide range of concepts, including the patented inventions, designs, utility models, designs, trademarks, service marks and other intellectual property forms. Foreign countries to protect industrial property law is a wide range of concepts, including the patented inventions, designs, utility models, designs, trademarks, service marks and other intellectual property forms. The foreign investment law in many countries there are a variety of investment management on intellectual property provisions, involving industrial property rights and proprietary technology as a condition of investment, industrial property and proprietary rights as investment guarantees, industrial property and proprietary technologies as The price of capital and other legal issues to intellectual property rights for foreign investors to be invested to create a right to be safeguarded, rights to guide the exercise of a clear legal environment.   Foreign policy-making from national and foreign law on the point of view of the guidance of foreign investment, intellectual property protection is also a very important consideration. In developed countries, although some governments do not specify the key investment areas is almost, or in specific areas of the investment into almost any intervention, and allow market forces to have greater freedom to determine the nature and extent of investment, but some countries government in guiding foreign investment plays an important role. For example, in Japan, the government long-term planning for industrial growth, pay attention to the systematic reduction were identified as the decline of the productive capacity of the industrial sector, while the long-term planning and support to focus on emerging or in the future with high potential for growth and competitiveness areas. In France, the Government's industrial policy attention to industrial development lead to high technology sectors, support the development of products such as microelectronics, biotechnology and other cutting-edge technology sector and the aerospace field [1] (P185-186). These high-tech fields, foreign intellectual property protection are higher, and therefore, industrial policy, investment policy must be with, and investment policies and investment legislation is bound to pay attention to IPR protection to foreign investors.   Foreign intellectual property protection, foreign investment law by relying on a simple specialized requirements is not enough, a variety of specialized domestic legislation of intellectual property protection of intellectual property in foreign investment has played a very important role. Foreign investors to establish local subsidiaries in the host country, whether selling products, or formally set up factories to manufacture, sell products, to protect the patent rights have to be represented by the patent law, trademark law, copyright and other intellectual property protection law which . Specifically, foreign investors must grasp and understand their access to the national industrial property system and the basic profiles of the copyright system and the legislative principle, which is one of the prerequisites to establish the project choice [4] (P133). Conversely, only one country has a highly developed system of intellectual property rights of domestic legislation, with a high degree of intellectual property legislation and improve the transparency of intellectual property rights enforcement system in order to create a foreign capital, especially high-tech industry has a strong appeal to foreign investment environment.   Third, investment protection, intellectual property rights in the capital-exporting country's domestic legislation   the performance of the major capital-exporting countries as developed countries, has been actively supporting its own high-tech, good reputation, well-known trademarks multinational companies and know the international market through international investment, seeking monopoly profits over. In developed countries, the voice of intellectual property protection has always been very high. In the United States, the country and even other countries will lead to intellectual property protection for U.S. investors as an important foreign policy. The United States and in many public places clear emphasis on the official intellectual property protection on the U.S. economy and the entire system of international trade and the importance of international investment. Back in the mid-80s, U.S. officials once stressed that IPR protection was stressed that IPR protection is a trade and investment issues. It is also based on this concept, inadequate protection of intellectual property rights not only by the United States as a traditional concept of culture, science and technology property infringement, and should be considered as barriers to trade and investment barriers. The formation of this concept was developed and gradually accepted, but also for the protection of intellectual property issues into the scope of GATT multilateral negotiations has laid a theoretical foundation, because the international community has been that the GATT is the only address trade issues.   To safeguard their intellectual property owners as the interests of multinational investors, developed countries tend to use their economic power and political influence, constantly on the protection of intellectual property the level of national intellectual property protection, higher demands, even at the use of economic sanctions and a means of retaliation. While developed countries can not directly intervene in the foreign investment legislation in developing countries and intellectual property legislation, but in a roundabout way by means of trade sanctions and retaliation, did increase the level of IPR protection in countries less pressure, indirectly, to facilitate and accelerate these foreign investment legislation in the countries in terms of intellectual property protection and intellectual property rights to make and improve the formation of specific legislation.   Domestic trade legislation through the United States urged foreign countries to strengthen protection of intellectual property typically. 1988 U.S. Omnibus Trade and Competitiveness Act increased the protection of intellectual property provisions of the Act as the Trade Act of 1974 added section 182 (19 United States Code Section 2242), is what people often call a special 301 ③. Which intellectual property rights and market access for key countries (the so-called inadequate protection of intellectual property rights of countries) has made a special provision. Special 301 provisions, should be identified in the United States trade representative refused to provide adequate and effective intellectual property protection in countries which rely heavily on intellectual property protection of Americans refuse to provide fair and equitable market access for countries as well as from the priority countries identified in these countries, Trade Representative also take the appropriate sanctions.