Legal Countermeasures Of China's Ipr Protection Under The Trips Agreement

The Uruguay Round of trade negotiations in 1994 reached an "Intellectual Property Protection Agreement", which would promote intellectual property protection to an unprecedented height. TRIPS agreement upgrades the protective level of intellectual property rights, while it is based on the requirements of developed countries and takes their practices into consideration either from the standards of protection to from the term of protection which has deprived of the initiative of developing countries in the intellectual property rights. However, we should see strong demand in developing countries and concerted efforts; TRIPS agreement also takes many factors into account in the process of its assignment due to the strong demand from developing countries and their concerted efforts. There are many flexible rules in the TRIPS agreement which provides possibilities for developing countries such as China to take advantage of these rules to protect their intellectual property rights. With the development of knowledge economy, intellectual property development will play a growing role to the economy. How to fully utilize the flexible rules of TRIPS provisions, how to better improve China's intellectual property system to promote our economic development have become the top priority. This article takes the Sino-US intellectual property rights as an example, put forward some legal measures on how to make China take full advantage of flexible rules in the TRIPS agreement, how to improve the judicial review system and the parallel import regime .