WTO TRIPS协定与老挝知识产权保护制度完善问题研究
发布时间：2018-10-15 12:04
【摘要】：2012年10月26日,世界贸易组织(WTO)在日内瓦理事会上正式接收老挝为WTO成员,老挝也成为了该组织的第158个成员。老挝的入世过程相当漫长,早在1997年即向WTO提出入世申请,但直到2004年才开始启动入世谈判。在经过近17年的等待后,老挝以一个共产党执政的最不发达国家身份跻身于WTO大家庭。为适应WTO规则以及双边谈判中其他成员方开出的价码,老挝在货物贸易、服务贸易、与贸易有关的知识产权等制度方面进行了大量的立法与完善工作,作出了庄严的承诺。同时,入世也给老挝的经济社会发展产生了极为重要的影响,特别是市场经济体制改革和对外开放,对这个古老而又封闭的国家造成了不小的冲击。与贸易有关的知识产权法律制度在关税与贸易总协定第八轮谈判(即乌拉圭回合)中被发达国家提起,并最终达成《与贸易有关的知识产权协定》(TRIPS协定),纳入到WTO一揽子协定之中。对老挝这种经济制度还不完善、知识产权保护意识和制度缺乏的最不发达国家来说,TRIPS协定更是一种巨大的挑战。成功入世虽然表明老挝知识产权保护制度与TRIPS协定基本相符,但从中国入世的经验来看,入世之后的规则修订却只是万里长征的第一步,TRIPS协定过渡期之后老挝也将面临类似中国遇到的WTO知识产权争端案件。如何吸收中国经验、防患于未然,则需要在TRIPS协定的基础上,将老挝的知识产权保护制度进行新一轮的完善和修改。本论文除导论和结论部分,正文共分为以下六章：第一章是对WTO体制下知识产权协定的概述,本章详细论述了从GATT体制到WTO体制的演变过程,并分析TRIPS协定的产生背景、论述TRIPS协定的主要内容,对TRIPS协定进行了综合评述,并着重分析TRIPS协定在发展中国家的具体适用。第二章对老挝知识产权制度的基本情况进行了综合考察,从老挝知识产权制度的政治基础、经济基础、文化基础和法律基础等几个方面,对老挝知识产权制度的现状进行了归纳和总结。第三章分析了TRIPS协定与老挝工业产权保护制度的完善问题。本章从TRIPS协定中的工业产权规则出发,论述TRIPS协定中关于专利权、工业品外观设计、集成电路布图设计、未经披露的信息保护的各个条款,结合老挝的专利法律制度,论述和分析了在TRIPS协定项下老挝专利法的改革问题。第四章论述了TRIPS协定与老挝商标保护制度的完善问题。本章从TRIPS协定的商标规则出发,论述TRIPS协定中关于商标权、地理原产地标识保护的各个条款,结合老挝的商标法律制度,对老挝商标法律制度如何在TRIPS协定项下进行改革的问题进行了探讨,其中主要论述了老挝的商品商标及服务商标、地理标志、原产地名称的保护制度改革。第五章论述了TRIPS协定与老挝著作权保护制度的完善问题。本章从TRIPS协定的著作保护规则出发,论述了老挝著作权法律制度的基本情况,分析如何在TRIPS协定项下对老挝著作权法律制度进行改革。第六章论述了TRIPS协定与老挝知识产权执法制度的完善问题。本章梳理了TRIPS协定的执法规定,包括知识产权执法的一般义务、民事与行政程序及救济、临时措施、有关边境措施的专门要求和刑事程序,在此基础上分析TRIPS协定下老挝的知识产权执法问题,包括民事司法程序与救济、临时措施、行政程序及补救措施、特别边境措施、刑事诉讼程序等。并论述了超TRIPS协定义务对老挝知识产权执法的影响。中老两国山水相连。2010年1月1日,中国与东盟十国建成了中国一东盟自由贸易区,老挝有着增进中国与东盟经贸合作的独特区位优势。老挝入世,不仅会对中国企业在中国一东盟自贸区的框架下为其投资老挝带来更多机遇,而且还将会对整个东南亚地区的区域经济一体化和贸易投资便利化提供有利的条件。本论文的研究成果,将会给未来中国—东盟自贸区的进一步升级提供基础性研究资料。
[Abstract]:On 26 October 2012, the World Trade Organization (WTO) formally received Laos as a WTO member at the Geneva Council and Laos became the 158 member of the organization. Laos's accession to the WTO was quite lengthy, and the WTO was submitted to WTO in 1997, but it was only started in 2004. After nearly 17 years of waiting, Laos was the most developed country in the Communist Party to become the WTO family. In order to adapt to WTO rules and the pricing code issued by other members in bilateral negotiations, Laos has carried out a lot of legislation and perfect work in goods trade, service trade and trade-related intellectual property rights and so on, and made solemn commitments. At the same time, China's entry into WTO has exerted great influence on the economic and social development of Laos, especially the reform of market economy and opening to the outside world. The trade-related intellectual property legal regime was brought up by developed countries in the eighth round of negotiations on tariffs and trade (i.e. the Uruguay Round) and culminated in the conclusion of the TRIPS Agreement (TRIPS Agreement), which was incorporated into the WTO package. The TRIPS agreement is a huge challenge for the least developed countries in which the economic system in Laos is not perfect, and the protection of intellectual property rights and the lack of system are the least developed countries. Although China's WTO entry into WTO shows that Laos's intellectual property protection system accords with TRIPS agreement basically, but from the experience of China's entry into WTO, the rule revision after China's entry into WTO is only the first step of the Long March. After the transitional period of TRIPS agreement, Laos will also face the WTO intellectual property dispute case similar to China. On the basis of TRIPS agreement, we need to make a new round of improvement and modification of Laos's intellectual property protection system on the basis of TRIPS agreement. In addition to the introduction and conclusion, the text is divided into the following six chapters: Chapter 1 is an overview of the intellectual property agreement under WTO system, this chapter discusses the evolution process from GATT system to WTO system, analyzes the background of TRIPS agreement, and discusses the main contents of TRIPS agreement. The TRIPS Agreement was reviewed in a comprehensive manner and the specific application of TRIPS agreements in developing countries was analysed. The second chapter comprehensively reviews the basic situation of Laos's intellectual property system, summarizes and summarizes the present situation of Laos's intellectual property system from several aspects such as the political foundation, economic base, cultural foundation and legal basis of Laos's intellectual property system. The third chapter analyzes the improvement of the TRIPS agreement and the Lao industrial property right protection system. Starting from the industrial property rights rules in TRIPS agreement, this chapter discusses the various articles about patent right, industrial product design, integrated circuit layout design, non-disclosure information protection in TRIPS agreement, and combines Laos's patent legal system. The reform of Lao patent law under TRIPS agreement is discussed and analyzed. The fourth chapter discusses the perfection of TRIPS agreement and Laos trademark protection system. Starting from the trademark rules of TRIPS agreement, this chapter discusses the various articles about trademark right and geographical origin mark protection in TRIPS agreement, and probes into the question of how Laos trademark law system can be reformed under TRIPS agreement item in combination with Lao's trademark law system. This article mainly discusses Lao's trade mark and service trade mark, geographical indication, origin name protection system reform. The fifth chapter discusses the perfection of TRIPS agreement and Laos copyright protection system. This chapter discusses the basic situation of the legal system of copyright in Laos from the protection rules of TRIPS agreement, and analyzes how to reform the legal system of copyright in Laos under the TRIPS agreement item. The sixth chapter discusses the perfection of TRIPS agreement and Laos intellectual property law enforcement system. This chapter reviews the law enforcement regulations of TRIPS agreement, including general obligation of intellectual property law enforcement, civil and administrative procedures and relief, interim measures, special requirements and criminal procedure on border measures, and then analyzes the enforcement of intellectual property rights in Laos under TRIPS agreement. These include civil judicial proceedings and relief, interim measures, administrative procedures and remedies, special border measures, criminal proceedings, etc. The influence of the obligations of the ultra-TRIPS agreement on the law enforcement of Laos's intellectual property rights is also discussed. On January 1, 2010, China and the 10 countries of ASEAN had built a China-ASEAN Free Trade Area and Laos had a unique geographical advantage to enhance economic and trade cooperation between China and ASEAN. Laos's entry into WTO will not only bring more opportunities to China's enterprises under the framework of China-ASEAN Free Trade Zone, but also provide favorable conditions for regional economic integration and trade investment facilitation in Southeast Asia as a whole. The research results of this thesis will provide basic research data for further upgrading of China's ASEAN Free Trade Zone in the future.
【学位授予单位】：武汉大学
【学位级别】：博士
【学位授予年份】：2014
【分类号】：D997.1;D933.4
本文编号：2272500
[Abstract]:On 26 October 2012, the World Trade Organization (WTO) formally received Laos as a WTO member at the Geneva Council and Laos became the 158 member of the organization. Laos's accession to the WTO was quite lengthy, and the WTO was submitted to WTO in 1997, but it was only started in 2004. After nearly 17 years of waiting, Laos was the most developed country in the Communist Party to become the WTO family. In order to adapt to WTO rules and the pricing code issued by other members in bilateral negotiations, Laos has carried out a lot of legislation and perfect work in goods trade, service trade and trade-related intellectual property rights and so on, and made solemn commitments. At the same time, China's entry into WTO has exerted great influence on the economic and social development of Laos, especially the reform of market economy and opening to the outside world. The trade-related intellectual property legal regime was brought up by developed countries in the eighth round of negotiations on tariffs and trade (i.e. the Uruguay Round) and culminated in the conclusion of the TRIPS Agreement (TRIPS Agreement), which was incorporated into the WTO package. The TRIPS agreement is a huge challenge for the least developed countries in which the economic system in Laos is not perfect, and the protection of intellectual property rights and the lack of system are the least developed countries. Although China's WTO entry into WTO shows that Laos's intellectual property protection system accords with TRIPS agreement basically, but from the experience of China's entry into WTO, the rule revision after China's entry into WTO is only the first step of the Long March. After the transitional period of TRIPS agreement, Laos will also face the WTO intellectual property dispute case similar to China. On the basis of TRIPS agreement, we need to make a new round of improvement and modification of Laos's intellectual property protection system on the basis of TRIPS agreement. In addition to the introduction and conclusion, the text is divided into the following six chapters: Chapter 1 is an overview of the intellectual property agreement under WTO system, this chapter discusses the evolution process from GATT system to WTO system, analyzes the background of TRIPS agreement, and discusses the main contents of TRIPS agreement. The TRIPS Agreement was reviewed in a comprehensive manner and the specific application of TRIPS agreements in developing countries was analysed. The second chapter comprehensively reviews the basic situation of Laos's intellectual property system, summarizes and summarizes the present situation of Laos's intellectual property system from several aspects such as the political foundation, economic base, cultural foundation and legal basis of Laos's intellectual property system. The third chapter analyzes the improvement of the TRIPS agreement and the Lao industrial property right protection system. Starting from the industrial property rights rules in TRIPS agreement, this chapter discusses the various articles about patent right, industrial product design, integrated circuit layout design, non-disclosure information protection in TRIPS agreement, and combines Laos's patent legal system. The reform of Lao patent law under TRIPS agreement is discussed and analyzed. The fourth chapter discusses the perfection of TRIPS agreement and Laos trademark protection system. Starting from the trademark rules of TRIPS agreement, this chapter discusses the various articles about trademark right and geographical origin mark protection in TRIPS agreement, and probes into the question of how Laos trademark law system can be reformed under TRIPS agreement item in combination with Lao's trademark law system. This article mainly discusses Lao's trade mark and service trade mark, geographical indication, origin name protection system reform. The fifth chapter discusses the perfection of TRIPS agreement and Laos copyright protection system. This chapter discusses the basic situation of the legal system of copyright in Laos from the protection rules of TRIPS agreement, and analyzes how to reform the legal system of copyright in Laos under the TRIPS agreement item. The sixth chapter discusses the perfection of TRIPS agreement and Laos intellectual property law enforcement system. This chapter reviews the law enforcement regulations of TRIPS agreement, including general obligation of intellectual property law enforcement, civil and administrative procedures and relief, interim measures, special requirements and criminal procedure on border measures, and then analyzes the enforcement of intellectual property rights in Laos under TRIPS agreement. These include civil judicial proceedings and relief, interim measures, administrative procedures and remedies, special border measures, criminal proceedings, etc. The influence of the obligations of the ultra-TRIPS agreement on the law enforcement of Laos's intellectual property rights is also discussed. On January 1, 2010, China and the 10 countries of ASEAN had built a China-ASEAN Free Trade Area and Laos had a unique geographical advantage to enhance economic and trade cooperation between China and ASEAN. Laos's entry into WTO will not only bring more opportunities to China's enterprises under the framework of China-ASEAN Free Trade Zone, but also provide favorable conditions for regional economic integration and trade investment facilitation in Southeast Asia as a whole. The research results of this thesis will provide basic research data for further upgrading of China's ASEAN Free Trade Zone in the future.
【学位授予单位】：武汉大学
【学位级别】：博士
【学位授予年份】：2014
【分类号】：D997.1;D933.4
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