A Study On Section 301 And TRIPS

Section 301 includes not only common 301, but also special 301 and super 301. Many rules in the section 301 go against the TRIPS. But section 301 of the trade act has the character of revenge. So section 301 is different with other American laws. There are many supporters in American who back up section 301, or else they won't be law. So in face of increasing accusation of international social , American has to develop many theory to stand up for section 301. So section 301 go against the TRIPS not only showing on the words, but also showing on the theory.The article includes six parts. First ,the article discusses the evolution of section 301. Then it discusses the content of section 301 and the relationship between them. The third part is the core of the whole article. It discusses content of section 301 go against the TRIPS. Then it introduces the background of TRIPS and it's evaluation. It gainsays the theories that back up section 301. The forth part discusses the reaction of commerce partners. Then article discusses the attitude of China and negotiations between American and China. At last it discusses the forecast of the prospect of section 301 and in face of these rules , we should assume what countermeasure.