중국의 지적재산권 사법심사제도에 관한 고찰

다국어 초록 (Multilingual Abstract)

China made a commitment in regards to the judicial review through legal documents including Protocol on the Accession of the People's Republic of China. China's commitment of the judicial review is stricter and broader than what WTO asks. There are two reasons why China made such a broad and strict commitment of the judicial review. One reason is that WTO demands WTO new members stricter judicial review system because of doubts that might be low rule of law in the new members. Hence, new WTO members like China, Armenia, Nepal and Cambodia have a separate section of judicial review in their commitment to the entry of WTO. The other reason is that the Chinese government wanted to show the international community that China's trade policy and rule of law are established and especially WTO members which invest in China can be protected by law in the area of trade, investment and intellectual property rights.
From the perspective of Chinese international business transaction law, study on China's judicial review is very important. Because the party can be Korean and Korean companies that uses the China's domestic judicial review. For example, a Korean corporation is able to appeal the People's Court of China against decision of antidumping by China's commerce ministry. However, the point that we have to pay attention is that there has not been even one judicial review on 40 cases of trade remedy exercised by the Chinese government. It means that China's judicial review has a institutional and procedural problems which makes difficult to use. If we have confidence that improved Chinese judicial review are fairly processed, then we should use well the system.
The paper, first of all, reviews general rules of China's judicial review, and especially focuses on the regulations and application of Judicial Review in Intellectual Property Rights. It includes that what China made a promise related to Judicial Review in Intellectual Property Rights, and also what should be revised compared to WTO TRIPs. The paper, finally, shows how Judicial Review in Intellectual Property Rights effects Korean and Korean companies.

목차 (Table of Contents)

• Ⅰ. 서론
• Ⅱ. TRIPs협정과 사법심사제도
• Ⅲ. 지적재산권과 중국의 사법심사제도
• Ⅳ. 중국 지적재산권 사법심사제도의 문제와 개선점
• Ⅴ. 시사점 및 결론
• 참고문헌
• Abstract

참고문헌 (Reference)

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