The Recognition of Intellectual Property Barriers in International Trade

Intellectual property barrier is a measure or practice of improper obstruction of international trade, and its nature is a new type of trade protectionism tool used to restrict the overtaking strategy of developing countries. It has four common characteristics: such as dualism in subject and nature, disguise and validity in form, power and injustice in fact, and restricting competition and hindering trade in consequence. It can be divided into two categories from a macro point of view, which are national intellectual property barriers and corporate intellectual property barriers. And there are three standards of recognition of intellectual property barriers: such as deviating from the purport of intellectual property protection system, violating the legal obligations of intellectual property protection law, and causing harms to international trade.