To Analyse On TRIPS Agreement And Limit To Abusing Intellectual Property

In the essence, intellectual property is a kind of property right legally owned by certain body. But due to it subject is of spiritual product created by human intelligence, so intellectual property has turned to a special owing right of intangible property. The purpose that intellectual property is protected by law is to encourage people to carry out creation and invention and publicize the created or invented result, which may promote knowledge broadcasting and science & technology advancing of the society. However it's also a double-edged sworn that inappropriate application of the legal protection may delay or even stop the development of knowledge economy. TRIPS Agreement is one basic legal document of WTO and the regulation on restricting abuse of intellectual property in global trade. Its clause 8 and clause 40 give clear specification on restrict of intellectual property abuse. But, at present China has no specific law restricting intellectual property abuse. Existing restricting law or regulation clauses are splattered in different law and regulation. Even the Anti-monopoly Law of the People's Republic of China (hereinafter referred to as Anti-monopoly Law) has no special charter on restrict of intellectual property abuse. Many intellectual property experts and scholars are disappointed. These are negative for us to joint our China and TRIPS Agreement and are negative to fairly protect intellectual property. From the clause 8 and clause 40 of TRIPS Agreement, the Article mainly profoundly analyzes relevant specification of TRIPS Agreement on restrict of intellectual property abuse and through learning lawmaking of US, European Community and Japan in restricting intellectual property abuse, summaries existing splattered regulation of China on restrict of intellectual property abuse, which is the basis for the Author to carry out certain suggestion for China to make law of restrict of intellectual property abuse, for the consideration of promoting China lawmaking of restrict of intellectual property abuse.