TRIPS Agreement And Public Interest

This Paper analysed the historical background and interest competition before the TRIPS Agreement, and pointed out that TRIPS Agreement was the result of developed countries' high pressure; TRIPS Agreement brought intellectual property to globalization protection period and restricted the freedom of developing countries to legislate based on their own economic development situation. TRIPS Agreement mainly represents the interest of private industry of developed countries, and there is an imbalance between developed countries and developing countries, also between public interest and private interest.Public interest has a very broad meaning, but at least public interest can never be the representation of private interests. Public interest should be the goal and principle of legislation. In reality, law or agreement sometimes would deviate from the standard of public interest by public choice theory, while TRIPS Agreement is a typical example. In all, current legislation sometimes does not represent public interest, but public interest need legislation to be realized.This paper focused on the advantages and disadvantages of TRIPS agreement on the interest balancing mechanism analysis, especially new issue after the agreement of TRIPS, such as TRIPS and public health, TRIPS and Traditional Knowledge protection, TRIPS and CBD. And in the end, author proposed some advice for China to implement TRIPS agreement. The paper includes 5 chapters, the detail is on the below.The part of preface mainly introduced the motivation and purpose of the paper, the method applied, and the structure of the paper. Chapter 1 General overview of TRIPS Agreement. From introducing the drafting history of TRIPS agreement, the historical condition and influence of ex-TRIPS, and TRIPS agreement's goal and the purpose, the author analysed the development after TRIPS agreement, especially TRIPS content related to Doha Issue, combined with public interest, educed the conflict and the harmonization of TRIPS and public interest.Chapter 2 Introduction to public interest. First of all, to bring forward the definition of public interest from the point of view from politics, economics, legal perspective, secondly, from the beginning of public interest regulation in the TRIPS Agreement itself, analyzed the public interest related to intellectual property. The author tried to make a solid and historical explanation of public interest related to IP and TRIPS Agreement.Chapter 3 Conflict and harmonization of TRIPS and public interest. First of all, to break the ice from the TRIPS Agreement present situation, the author tried to analyze the conflict and harmonization between them, including knowledge monopoly and sharing, the economic right and right to life, health and development, put forward the idea that balance interests is the key to tackle the problem.Chapter 4 DOHA issue of TRIPS Agreement. This chapter emphasized the new issue in the Doha round about IP issue: TRIPS Agreement and public health, TRIPS and traditional knowledge, TRIPS and CBD convention.Chapter 5 China's current situation and some advice. Combined with the current situation of Chinese Intellectual Property, the author proposed some advice that how should China make use of the TRIPS agreementConclusion, the author briefly sums up the main viewpoints and made a conclusion.