Research On The New Enforcement Mechanism Of Intellectual Property Right In The Field Of International Trade

11countries, including the United States, the European Union, Japan and some other developedcountries secretly discussed and drafted "the Anti-counterfeiting Trade Agreement". The agreementmainly contains six parts: initial provisions, legal framework of enforcement of intellectual propertyrights,enforcement practices, international cooperation, institutional arrangements and final provisions.The agreement improves the protection standard of intellectual property and attempt to break theregional characteristic to establish a global mode of enforcement of intellectual property. On one hand,the agreement has some creative measures which are good for fight against counterfeit and piracy andprotect the interests of owners of intellectual property; however, on the other hand, the agreementintentionally ignored the interests of applicants which is a serious breach of the balance and equitableprinciple. The developed countries, who disregard the developing countries' interests, take use of theagreement to improve the protection standard, which easily cause the mess of enforcement ofintellectual property and was harmful to the order of international trade. There are many differencesbetween the agreement and the Chinese intellectual property law. Considering our condition, China willnot join the agreement right now. But this not means we could do nothing with the agreement. TheChinese government, social organizations, collective organizations of intellectual property and theenterprises that manage export business should pay attention to the information of it, carefully analysisthe situation and try to find a way both to fight against counterfeiting and piracy and protect the interestsof our enterprise to make our own international brand.