Research On The Principle Of National Treatment Under TRIPS

The national treatment is the cornerstone under both Paris convention as well as other international intellectual property conventions and the world trade organization, but the principle has new changes under TRIPS.The national treatment has its special meaning through analysing the histroy of the priciple.There are backgrounds of the national treatment's adoption in the TRIPS,and the principle makes important influence on the intelletual property.We know the link between the principle and other principles in the TRIPS through the rulings of TRIPS,and we noted that there are four characteristics of the application of nationl treatment at last.Through the reading of the"United States– Section 211 Omnibus Appropriations Act of 1998"case,we know that the scope of the subject of the intellectual property in the TRIPS is not limited in the types which are indicated in the reading of the TRIPS from chapter 1 to chapter 7."No less favorable than"is the reference of national treatment under TRIPS,that is to say,"no less favorable than"means that the nationls of the concernded member under article 3.1 of the TRIPS is whether the measure provides'effective equality of opportunity'as between two groups in respcet of intellectual property.About the application of the national treatment under TRIPS,there are something need we need to do:make the standard of the national treatment clearly;establish the legal system relating to national treatment, keep transparency; take full use of the"necessary measures"and the DSB to make sure that other paries provide effective intellectual property protection to the technologies originating from the People's Republic of China.