The Trips Fairness

TRIPs, an important component of WTO agreement, closely links IPR protection with international trade, which maintains that only if a country conforms to its protection standards, can the country participate in international trade on an equal foot. Developed countries, by means of their economic supremacy, compel developing countries to accept their IPR protection system of high standards, which has further widened the gap between the north and the south, and has incurred public health crises in the least developed countries.When the IPR system increasingly becomes a legal means for practicing monopoly and expanding rights, and becomes a new tool by which developed countries plunder developing countries, the extreme expansion of IPR will be in opposition to the aim of promoting knowledge innovation, knowledge promulgation and social progress. Hence, people may come to think: how to decide on the merit and objective of IPR protection? How to accommodate the present IPR system to make it more rational and equitable? The current paper with TRIPs as its subject analyses both its formal equity and its virtual inequity as well as the implications.The paper is divided into four parts:Part â…  Introduction This part first gives a simple definition of "equity" in nomological terms. Then it makes a simple review of the concept of IPR and its history. Finally, it makes a simple introduction of TRIPs in terms of its formation, distinctive features and links with other IPR agreements.Part â…¡ Equity of TRIPs This part elaborates on the formal equity of TRIPs from such four aspects as the objectives and aims of TRIPs, its fundamental principles, the IPR enforcement measures and the dispute settlement mechanism.Part â…¢ Inequity of TRIPs This part, the main body of this paper, elaborates on the virtual inequity of TRIPs from such five aspects as: the...