Research On "TRIPs-plus" Agreement

"TRIPs-plus" Agreement is a new tool through which the developed countries, especially the USA and European Union,maximize their interests on the intellectual property after the implementation of TRIPs Agreement(Trade-Related Aspects of Intellectual Property Rights).The "TRIPs-plus" standards established in the "TRIPs-plus" Agreement make the developing countries undertake more obligations on the intellectual property protection than that under TRIPs Agreement,while restrict the interests of traditional resources which the developing countries have advantages of.This dissertation mainly makes research on the background,features, legal basis of the "TRIPs-plus" Agreement and its influence on the international system of intellectual property,then put forward the countermeasures we China could adopt.This dissertation includes preface,text and conclusion.The text is divided into four chapters.Chapter one makes an outline of the "TRIPs-plus" Agreement.The chapter firstly introduces the background of the emergence of the "TRIPs-plus" Agreement from two aspects:the dilemma of arrangements in TRIPS and the evolvement of the international system of intellectual property.Then defines the respective meanings of "-plus","TRIPs-plus" and "TRIPs-plus" Agreement by means of comparison of relevant concepts and discusses the features of the "TRIPs-plus" Agreement.Chapter two focus on the legal basis of "TRIPs-plus" Agreement.This chapter analyzes the TRIPs agreement article 1(1) and article 24,explaining the legal basis of "TRIPs-plus" Agreement,and discusses the relationships between TRIPS and "TRIPs-plus" Agreement.Chapter three inquires into the influence of the "TRIPs-plus" Agreement.The chapter dissertates how the "TRIPs-plus" Agreement impacts on the implementation and the evolvement of the international system of intellectual property. Chapter four makes judgement on "TRIPs-plus" Agreement and put forward the standpoint and countermeasures we China could adopt.On the basis of the demonstration above,it firstly analyzes the unbalance of interest result form the standard existing in the "TRIPs-plus" Agreement and then gives some advices.