The Interest Conflict And Coordination Between Developing And Developed Countries Under Trips Agreement

Intellectual property right protection legal system is the product of modern science and technology and commodity economy. It is no doubt that the founding of the intellectual property right protection legal system is one of the milestones in the development of legal knowledge and practice. It has renewed people's mind of the definition of'property'. Ever since intellectual property law has been designed, the content of'property'has been widened from the former tangible- connecting- meaning to include intangible-connecting-meaning. People got to feel more and more importance of intellectual power in the process of industrialization of higher grade. And emphasis of the high-standard-IPR-protection has been repaid by large quality of social warfare gained through the new technology.After World War II , the formation of the new international trade system and the new technological revolution has greatly impacted the development of the intellectual property system. With the depth of international exchanges in the field of Economic, scientific and technological and cultural, intellectual property right protection becomes an issue of general concern. The developed countries realize the significance of intellectual property right firstly because of their highly developed economic and scientific and technological level. In order to Promoting the country's economic development, the developed countries has taken much effective measures nerther in the domestic field nor in the international level to protect intellectual property right. On one hand, in the domestic field, the developed countries actively implement the intellectual property strategy. First, they introducing a massive amount of technology and then they make the technology to be their own knowledge. And till now the developed countries have a strong capability of independent innovation. On another hand, in the international level, developed countries used their political and economic advantage to establish the Trade-Related Intellectual Property Agreement(Trips). Trips agreement was signed to form an important part of WTO,it was really an milestone, since this treaty, which, on one hand, regulates all aspects of intellectual property, and on another hand, is guarded by a strong executive mechanism.Trips agreement has always been viewed as the developing countries'cost, which has to be paid in order to get something else in return. With the implementation of the Trips agreement, the developing countries gradually aware of the situation that between the developed and the developing countries that it exist interest imbalance under Trips agreement. Under the international intellectual property right legal system, a serious interest conflict rises between development countries and developing countries. The interest conflict and coordination between developing and developed countries is the issue to be discussed in this essay.Besides the forewords, the paper includes the following five chapters:Chapter 1: Introduction of Trips agreement. Firstly, it introduces background information about how Trips was signed and then it goes on to look into influence that Trips changes member states'IPR protection policy. At last, in this chapter it focuses on the new characteristics of IPR legal system under Trips.Chapter 2: Actual interest conflict between developing and developed countries under Trips agreement. In this part, firstly, it describes the specific right conflict on actual situation. And then, it analyses the provision of Trips agreement, with the analysis of legal provision, it makes people know more about the unfaire content on Trips agreement. Thirdly, by the analysis of concrete case we can see the conflict on judicial level.Chapter 3: The analyzing of the causes of interest conflict under Trips agreement and the harm of the interest conflict. Through the analyzing of the causes, the essay find the root which make the conflict rises. The root is the dual attributes of IPR legal system. At the same time, this part also analyzes the actual causes of the conflict which is the important role of the IPR in international trade and the status of the power imbalance between developing and development countries。After the analysis of the cause, this part also discusses the harm of the conflict , it makes people realize that the imbalance that brings by Trips Agreement has hinder the healthy development of the economic globalization and the common progress of the word.Chapter 4: How to coordinate the conflict between developing and developed countries. This part firstly gives the theoretical basis for the coordination of conflict witch is the concept of interest balance. And then, it introduces the coordinating attempt that the developing countries has been taken. At last, it discusses the coordinating countermeasures of the conflict, this part is the focal point of the essay which is also the objective of the essay. This part proposed that the developing countries must change their passive position on the implementation of Trips agreement in order to coordinate the interest conflict between the developing and developed countries.Chapter 5: Enlightenment to China. As the biggest developing country in the word, China should actively promote the coordination of the conflict. At first, the essay describes the situation of IPR protection that China face, and then this essay analysizes the position and policy than China should take in stage point of view. The conclusion is that China should take measures according to its Political, economic and cultural development level.