Analysis And Elimination Of Discrimination Rules Of TPP Agreement On Intellectual Property Rights

Since the world trade organization (WTO) replaced the GATT. the shares of technical trade such as copyright, patents, trademarks and trade secrets have increased gradually. And technical trade becomes the key factors in the international trade, causing a major change in the pattern of international trade. However, friction and disputes in international technology trade and the intellectual property are growing, the protection of international intellectual property enters into the era of post-TRIPS.In the era of post-TRIPS, due to the deepening of trade liberalization, technical trade and knowledge of international are obvious, the protection of international intellectual property presents the following characteristics:firstly, in terms of balancing of interests, the contradiction of the protection of intellectual property between developed countries and developing countries is obvious. Because the international intellectual property protection system takes little considerations for the benefit of developing countries. Although the TRIPS agreement gives transition period to developing countries and the least developed countries, it has established a high standards of intellectual property protection worldwide. Because developed countries have leading technology and economic strength, interests preference to the developed countries. Secondly, in terms of trade protection, as the acceleration of global economic integration, trade between countries are increasingly close, and various "technical communication" has also become more convenient leading to serious counterfeit and pirated intellectual property, it should strengthen the protection of international intellectual property. Finally, in the terms of concept, affected by the developed countries, the international intellectual property protection system stressed by using intellectual property to acquire personal interests, intellectual property protection system meet the needs of the interests group, reglecting the social interests of intellectual property rights. As to the value pursuit, the system protects the interests of developed countries, lacking, of consideration for human welfare.In post-TRIPS, way of protecting international intellectual property is to sign free trade agreements, and free trade agreements become a new tool for developed countries promote intellectual property protection. On one hand, by signing new intellectual properly agreements to avoid TRIPS in WTO, developed countries carry out "TRIPS-Plus" clause, improve the level of international protection of intellectual property; On the other hand, the developed countries signed free trade agreement with developing countries to weaken the innovation ability and the economic strength of developing countries, in order to dominate the world. The TPP agreement is one of the most important free trade agreements worldwide. the draft of intellectual properly is worked out by the United States unilaterally, which fully exposed discrimination treatment of the developed countries to developing countries, and caused unbalanced interest between them. In this article, writer by making a comparation. based on the existing research for the TPP agreement, through the surface of the draft of intellectual property, analysis the rules of the "hidden rules"-discrimination rule and direct causes and deep factors of it, in order to provide feasible suggestions for eliminating discrimination rules and joining the TPP agreement for our country in the future, and fully grasp the initiative, provide reasonable guidance for the international protection of intellectual property and the direction of the development of free trade agreements.