The Legal Regulation Of The Abuse Of Intellectual Property In The Post-TRIPs Era

The creation of the intellectual property system and the abuse of intellectual property rights are produced together, the fundamental lies in the characteristics of intellectual property rights:private and public rights co-exist. When intellectual property policy is biased in favor of the weak protection, public property become the principal contradiction; while intellectual property policy is biased in favor of strong protection, private property is the principal contradiction, the abuse of intellectual property almost based on the over-emphasized private property. Both properties have a certain theoretical basis to support, which can often be traced back to the origins of natural law. But because of the natural law’s long course of development and the enormous influence the conclusions do not quite clear. The worldwide intellectual property protection mechanism itself is the best embodiment of the strong protection of intellectual property rights, and it dose not fully comply with the original natural Law Essentials, and even in some places, produce alienation. Is it the normal process of development of legal theory, or deliberately distorted?The so-called TRIPs era, from the context to understand, is the time when putting all the intellectual property issues into the WTO (World Trade Organization, hereinafter referred to as the WTO), and TRIPs is accept by all members. In this era, protection of intellectual property has been to unify the world standard, and a unified implementation with penalties. It is beneficial rather than harmful to those starts earlier nationals, because they are already familiar with and profit the standards which are extended to the World. The vast number of developing countries is mostly being forced into this system to comply with more obligations of the range than they could assume. Generally, the TRIPs era is the era of the developed countries will benefit, while the developing countries are most suffering from it.The meaning of the post-TRIPs era can be discussed from multiple dimensions: First of all, this era marks the protection of intellectual property standing on an unprecedented heights, resulting in a worldwide uniform compliance mechanisms; Secondly, the post-TRIPs era can be seen as a great victory of the developed countries in intellectual property strategy and even global economic strategy, because this system is essentially in accordance with the interests of developed countries needs and meet their planning for the future of the international economic landscape; Meanwhile, the process of income in developed countries are developing countries pay the price process. Because the existing TRIPs Agreement for developing countries, implementation and implement are already overloaded, much higher than developing countries could afford; Finally, in this era for China and other developed countries, the most important significance is the reflection of the national intellectual property system, and then worked out a road to meet the country’s economic development needs.The consequences of the abuse of intellectual property almost happened in developing countries. These consequences range is wide, from a public health problem that attracted worldwide attention to the multinational’s monopoly on the market. All sacrifices are made by Developing countries. In the field of public health, the multinational pharmaceutical companies capitalize on the patent of the key drugs for the treatment of dangerous diseases. Some of the serious economic backward countries domestic policies in order to curb the disease are severely criticized by multinational companies.Under the pressure of international opinion, these multinational companies and governments of developed countries made certain compromises, but developing countries have to pay the cost in lives of millions of people. Because of its high degree of technical and commercial, the monopolistic behavior of multinational companies in the market can not be as public health problems as caused worldwide concern. But the field of intellectual property abuse is very far-reaching, it is not just dampen the production and management of a large number of SMEs, more importantly, it forces developing countries to industrial restructuring.A full understanding of the meaning of this particular time in the post-TRIPs era is guiding significance in the field of intellectual property options for the future. From the legislative point of view, we should not only take full advantage of the contents of the existing statutory law related to intellectual property protection, and also the formulation of the special law should be strengthened. People should note that the TRIPs Agreement sets out provisions prohibiting abuse. How to use them and to protect the interests of China under the TRIPs, are deeply concerned in this paper. In the formulation and interpretation of the law should be noted that, since China is already a WTO member and a party to the TRIPs Agreement, must comply with the international obligations of the two provisions. But more important is how to have more economic development of autonomy when it does not violate the international obligations.