讲座预告：国际专利保护-发展与现状概述
演讲人：Günter Grättinger 教授，人民大学法学院客座教授，德国PAVIS专利代理协会董事会主席，欧洲专利、商标律师；
演讲题目: International Patent Protection- Legal development and present situation-An overview
演讲语言：英语
时间：10月9日（周二）下午4：00-5：00
地点：中国人民大学明德法学楼602模拟法庭
法学院
Preliminary comment
The protection of industrial property with its special protective rights, copyright and the adjacent areas of competition law (figure 1) has become an important foundation of modern economies worldwide. Its continued development and change are not only the consequence of new manifestations of the economy, such as for example in biotechnology, computer engineering or telecommunications, but are also the aim of recurring discussions concerning the justification for its existence, which for the most part are conducted by representatives from religious communities, non-profit organisations or the poorest population areas and countries in the world.
With regard to free trade and the competition conditions of the international markets, the central task of the protection of industrial property consists in creating an environment that promotes innovation and investment. Only through the protection of intellectual property is it possible to produce a breeding ground for creative achievement, which is a causal factor for technical advance and the development of the economy, including a healthy demand for labour.
Anyone protecting intellectual property ensures the creator or inventor of his legitimate gain and on the other hand prevents ideas important for the development of mankind from remaining hidden.
The international tools that are available for achieving the aforementioned objectives will be examined in greater detail below. In this examination, it is intended to include, aside from that the substantive law in the area of intellectual property, also its spread in terms of international agreements.
To start with, the TRIPS Agreement will be mentioned in this regard as a first international approach, which amongst other things covers common internationally valid rules governing the instruments for enforcing intellectual property rights, these rules being binding on all member states. With decision 94/800/EC of the Council of the European Community, the European Community as such is bound to TRIPS; it is not surprising, therefore, that it complied with this obligation in a special way by creating a guideline 1004/48/EC for enforcing intellectual property rights. It is exemplary for international rules for guaranteeing a high level of protection for intellectual property that is as homogeneous as possible.