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Protection of IPR Specific to Patents in the U.S., the requirements, conventions, and its impact on the new member in the WTO - China, September 2002.

ABSTRACT

Piracy associated with Intellectual Property Rights (IPR) in China in the past has been the norm. As part of the accession process into the World Trade Organization (WTO), China has provided many commitments one of which includes adherence to international rules and conventions. Protection of Intellectual Property Rights specific to Patents for two countries the U.S. and China is thus analyzed through the evaluation of each countries process, requirements, and world conventions (i.e., Paris Convention, General Agreement on Tariffs and Trade known as GATT, World Intellectual Property Organization known as WIPO and others). A case study is presented of a current patent application for Internationalized Domain Name System (DNS) with Iterative Conversion filed with WIPO to demonstrate how the Patent application is processed, the implication when dealing in an international environment in this case the U.S. and China, the complexities associated with the patent application that involves the standardization of the DNS tackled by the Internet Engineering Task Force known as the IETF, and the current issues in China and the Chinese commitments as part of the recent accession process into the WTO. This paper is not set out to give answers to a difficult issue, but it is a mere example of the process in an international environment and a means to evaluate the situation. Additional research and future events will determine if the process for IPR protection specific to patents and the world expectation as part of the commitment in China will be implemented and curb a well known reputation of piracy.

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