Patenting Business Methods in the United States and Beyond Globalization of Intellectual Property Protection is Not Always an Easy Game to Play

作者：Liu Yinliang^*

来源：IIC-International Review of Intellectual Property and Competition Law, 2011, 42(4): 395-416.

Ever since the early 1990s, especially the enforcement of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) of 1 January 1995, intellectual property (IP) protection has been entering into a period of globalization, with a threshold laid down by TRIPS and earlier international instruments, including the Paris Convention for the Protection of IndustrialProperty (1883, hereinafter, Paris Convention) and the Berne Convention for the Protection of Literary and Artistic Works (1886, Berne Convention). As with the patent system, the following aspects essentially have been unified to a high degree worldwide, inter alia, (i) major patentable subject matter and exclusions, (ii) patentability requirements, (iii) patent rights conferred and exceptions, (iv) compulsory licenses and (v) patent infringements and remedies.(1) The strong global IP protection based on TRIPS (and other conventions) has been a titanic success of the strategy of the United States of America (US) to extend its IP protection in the world, manifesting noticeably its political power in world affairs.

• 出版日期2011
• 单位北京大学