兩岸智慧財產權之建立、發展與交流

智慧財產權（Intellectual property right）在大陸譯為知識產權，近年來已經發展成知識產權的法學體系；臺灣方面則將重點放在《著作權法》上的研究。兩岸接觸以來，雖各自在法律上互相保障智慧財產權，但侵權行為和糾紛仍難避免。自1886年《伯恩公約》到1986年《鳥拉圭宣言》所確定的智慧財產權原則，再加上美國政府分別施壓，兩岸政府也都配合立法，確定了尊重智慧財產權的決心。兩岸入世後為保障智慧財產權，宜應互相承認對方的法律規範，兩岸政府宜設置處理智慧財產權的權責機構，以處理投訴事件並協助解決糾紛；民閒也可以成立基金會和著作權授權中心，推動相關事宜。智慧財產權的交流在國際和兩岸閒都有其迫切需要，讓政府、民閒、學界三方面共同攜手努力，從學術及實務上來促進整個問題的圓滿觸央。

關鍵字

兩岸交流；智慧財產；著作權；專利權；商標權；世界貿易組織

並列摘要

In Mainland China, the translation of”intellectual property rights is” knowledge property rights.” A ”knowledge property rights”system has developed rapidly in recent years, with many related books. In Taiwan, on the other hand, the main developments have been in the area of copyright law, where there are many researchers and not a few books. This thesis discusses three major branches of intellectual property rights: copyrights, patent rights, and trademark rights. Since Taiwan and PRC have come into contact, they have protected each other's property rights with legislation. Yet rights infringements and disputes are difficult to avoid, and a section will be devoted especially to copyright disputes involving both sides. As the world has progressed towards globalization, increased freedom, and governance by law, the protection of intellectual property rights has been a guiding principle, from the 1886 Berne Convention to 1986 at the Uruguay Round of GATT. Added to this is the pressure the United States has applied on both Taiwan and PRC. Both governments have matched legislation and have determined their resolve to respect intellectual property rights. The next step is for both governments to guide citizens to abide by the law. The attitude toward governance by law in mainland China is worse than in Taiwan, with the result that more people and companies in China engage in behavior that infringes upon intellectual property rights. Now that both Taiwan and PRC have at the same time entered the WTO, they will in the future have to meet on a regular basis. Both sides will have to use governmental power to supervise industry and urge it to comply, in order to improve intellectual property rights protection and increase exchanges about intellectual property rights between Taiwan and PRC. The United States, in order to completely protect its intellectual property rights overseas, has drafted ”Special Clause 301,” by which a trade war can be declared as a reprisal against any country that infringes upon its intellectual property. Taiwan and PRC have been forced in succession to edit or establish copyright law, patent law, and trademark law. The WTO has set up and maintained three operational pillars to preserve order in international trade: the Council for Trade-Related Aspects of Intellectual Property Rights, the Council for Trade in Goods, and the Council for Trade in Services. In WTO entry decisions, the applicant is required to protect intellectual property rights. In the past two years, both sides have actively edited and enacted legislation in order to come into accord with the new global intellectual property rights background. As Taiwan and PRC have entered the WTO, both sides should mutually recognize the intellectual property rights legislation of the other to ensure protection of intellectual property rights. Each side should implement an intellectual property rights and responsibilities organization, to handle complaints and aid in dispute resolution. Privately, aid foundations and copyright authorizing centers can be founded: they can survive on the financial base of copyright-authorizing service fees, and use their professional knowledge and equipment to guide and educate citizens, in order to raise the level of intellectual property rights knowledge. There is a pressing need for exchanges about intellectual property rights between Taiwan and PRC and in the large global sphere. Government, ordinary citizens, and the academic world must work hard together. Academic and practical exchanges can be used to prompt this problem to a full resolution.

並列關鍵字

Bilateral Exchanges between Taiwan and PRC ； Intellectual Property Rights ； Copyrights ； Patent Rights ； Trademark Rights ； World Trade Organization (WTO)