I. Intellectual property rights and WTO's protection of intellectual property trade. Intellectual property rights refer to granting intellectual property rights holders exclusive rights to their creative intellectual achievements. Intellectual property is a kind of property right, and the owner of intellectual property can get benefits by licensing or transferring the intellectual property he owns. Intellectual property rights have become an important part of international trade. Patent transfer, patent and trademark license, copyright license, etc. , has occupied a certain proportion in the trade between countries; Products containing intellectual property rights account for an increasing proportion in international trade, such as high-tech products such as new drugs, movies, books, computer software, well-known brand goods and new plant varieties. According to the latest statistics of the United States, the export of "copyright industries" such as movies, audio and video, computers and media ranks first among all industries, with an output value of $425 billion from 65438 to 0996, accounting for 6.7% of the gross national product of the United States. The export and transfer of copyright products in the copyright industry exceeded $43 billion, employing 5.5 million people. In recent years, the US foreign trade deficit has increased year by year, reaching $267.6 billion from 65438 to 0999, but there is a surplus of $25 billion in the field of intellectual property rights. In the same year, US exports of intellectual property reached $37 billion, exceeding the exports of aircraft and communication equipment. With the development of high-tech industry, this trend becomes more obvious. The development of intellectual property trade makes every country realize that the revitalization and development of a country depends not only on the amount of natural resources and capital it has, but also on the protection and protection of intellectual achievements. All countries use the intellectual property system to protect their technological advantages and brand advantages, and try to prevent the impact of stronger foreign technological advantages. For most developed countries, the vast majority of export products depend on the protection of intellectual property rights. Therefore, the protection of intellectual property rights has become an inevitable issue in international trade. Protecting intellectual property rights is conducive to the development of international trade, infringing intellectual property rights, hindering normal trade and causing unnecessary obstacles to trade. Since the protection and enforcement of intellectual property rights are different in the world, these differences have become the source of tension in international economic relations as intellectual property rights become more and more important in international trade. Therefore, under the multilateral trade framework, it is the negotiation of the General Agreement on Tariffs and Trade (GATT) to seek the coordinated and unified internationally recognized intellectual property trade rules and solve related disputes in a more standardized, predictable and systematic way. From 1986 to 1994, the Uruguay Round negotiations put intellectual property rights on the agenda of trade negotiations, and the WTO took intellectual property trade as one of the three pillars, which was considered as a major breakthrough in GATT. The Uruguay Round negotiations reached the Agreement on Trade-related Intellectual Property Rights (TRIPS), which defined the types of intellectual property rights as: copyright, patent, trademark, geographical indication, design, integrated circuit, design (distribution map), undisclosed information, including trade secrets, etc. The agreement contains five basic contents: (1) How to apply the basic principles of the multilateral trading system and other international intellectual property agreements. (2) How to correctly protect intellectual property rights; (3) How members should properly exercise these powers within their territory; (4) How to resolve intellectual property disputes among w to members; (5) Special transitional arrangements during the introduction of the new system. By setting the minimum standards of intellectual property protection that all members must meet, this paper tries to narrow the differences of intellectual property protection methods around the world and put them under the same international rules. If there is a trade dispute about intellectual property rights, the WTO dispute settlement mechanism can be invoked. Based on the basic principles of the multilateral trading system, the Agreement on Intellectual Property Rights highlights the principle of non-discrimination: namely, the principle of national treatment (equal treatment of nationals at home and abroad) and the principle of most-favored-nation treatment (equal treatment of all trading partners in the WTO). The agreement aims to strengthen the comprehensive and effective protection of intellectual property rights and ensure that the measures and procedures for implementing intellectual property rights do not cause any obstacles to international trade. The implementation of this agreement will ensure and promote the rapid development of international intellectual property trade. Second, the form of contemporary international intellectual property trade and 1. Licensing trade Licensing trade is the most widely used and common form of intellectual property trade. License refers to the party who owns intellectual property and exercises certain rights over it. License trade is a technical trade based on intellectual property rights and the right to manufacture and sell corresponding products by signing a license agreement. The trade of patents and know-how is mostly carried out through licensing trade, but now the trade of machine software is more and more carried out in the form of licensing, and there are even "unsealed licenses" that are not aimed at specific users. Although license trade came into being later than ordinary commodity trade, it has developed rapidly, which plays an important role in the dissemination of technical knowledge and is also conducive to speeding up progress and catching up with the world's advanced technical level. 2. Franchising Franchising is a kind of licensing of commercial services and technical systems, which means that an enterprise (franchisor) with successful experience licenses its trademark, trade name, service mark, patent, proprietary technology, service mark and management or experience to another commercial enterprise (franchisee). The franchisee uses the franchisor's business name to conduct business, and follows the policies and procedures formulated by the franchisor, and the franchisor collects franchise fees from the franchisee. Franchise is suitable for commerce, service industry and service industry. For the franchising licensor, franchising can provide opportunities to enter the market. In addition to directly charging franchise fees, it can also charge service fees by providing technical services to prevent possible competition. For franchisees, it can solve the problems of insufficient technical ability, insufficient funds and lack of brand advantages, and reduce investment risks. Therefore, franchising, which began in the United States after World War II, has been popular in America, Europe and Asia in the past two or three decades. At present, 60% of the total retail sales in the United States are completed through franchising, which has placed more than 1 1% of the employed population in the United States. McDonald's has established 25,000 chain stores in 1 17 countries through franchising. 3. Cooperation means that different enterprises from two or more countries jointly invest to form a new enterprise. Since all parties can invest with intellectual property rights, this kind of investment is actually to transfer the intellectual property rights owned by investors to newly established enterprises, so this way has also become a form of international intellectual property trade. If the investor does not use intellectual property as the form of capital contribution, then the investor can sign an intellectual property license contract, stipulating that the investor is the provider of technology and the new enterprise is the receiver of technology, so that the investor can obtain both equity and intellectual property license fees. This method is beneficial to both the provider and the receiver of intellectual property rights. Recipients can take this opportunity to introduce foreign advanced production technology, management technology and sales technology, cultivate their own technical team, or use foreign funds; On the other hand, the supplier can use the labor and resources of the recipient to expand overseas markets and recover the cost of equipment and technology development by collecting intellectual property royalties. Therefore, this method has been welcomed by many countries, especially developing countries. 4. Computer turn-key contract turn-key contract refers to all the equipment, technology and management methods provided by the supplier to the recipient to complete the whole factory, including the design and construction of the project, the provision and installation of equipment, the training and debugging of the recipient's personnel, and the factory will not be handed over to the recipient until the production can start. At present, in terms of intellectual property trade, it is more reflected in the computer field. The so-called computer turn-key contract is the sale of the whole computer system and the transfer of software. Generally does not include the factory buildings built by suppliers. The main contents are: the supplier sells hardware to the recipient, provides software license, provides software and hardware maintenance services, and lasts for a long time after startup, computer installation and testing, and software testing. 5. Intellectual property service technical service refers to the technical service provided by the technical provider entrusted by the other party to the entrusting party by signing a technical service contract, and the entrusting party pays a certain technical service fee. Generally speaking, the technologies provided by technical services are general technologies other than intellectual property rights and proprietary technologies. However, with the development of technology trade, especially software trade, trade in intellectual property services has emerged constantly (intellectual property services here refer to general commercial enterprises instead of professional intellectual property institutions or services provided). For example, in software trade, software suppliers or developers provide software technical services, including installation, training, operation support and maintenance, and at the same time provide software licenses. In the initial stage of software trade, this kind of service with intellectual property license is generally included in the software price. With the popularization of computers, users have higher and higher requirements for services, especially some large-scale application software, which requires software manufacturers to spend a long time researching, customizing, developing, organizing implementation, maintaining and supporting users' needs. Therefore, this kind of service has become an indispensable part of software trade, and it has become a separately charged commodity. At present, the service income of some large software companies has accounted for 2/3 of the company's income, exceeding the income of the software itself. In addition to the above-mentioned forms of intellectual property trade, with the development of international exchanges and various tertiary industries, new forms of international intellectual property trade will emerge, such as the "access technology" business run by some banks in the United States. Intellectual property owners can deposit intellectual property rights in banks, which will lend them to enterprises in need like loans and charge interest. After China's entry into WTO, these forms of trade will inevitably continue to enter China, and our enterprises should also understand and make use of these forms of trade in order to obtain the greatest benefits.