The Anti-counterfeiting Trade Agreement's Impact On The Intellectual Property System In Our Country

Anti-Counterfeiting Trade Agreement (ACTA), which began in2006, is a Multilateral trade agreement initiated by these Intellectual Property leading powers such as the United States, Europe, Japan and some other countries. As the leading powers were not satisfied with current strength of intellectual property enforcement system built in TRIPs, ACTA established a new standard of an intellectual-property-protecting-executive mechanism. ACTA aimed at protecting intellectual property rights by reducing copyright and trademark misappropriation and maintaining the sustainable development of original trade and economic, thus jointly establishing the rules of the implementation of best practices of a competent authority.Although for the consideration of protecting intellectual property rights, the ACTA involved developing countries in a very unfavorable position, because this agreement is mainly for the OEM product and fake goods, which occupy a certain position in the industrial layout of the Third World countries. Anyway, the negotiation of the agreement was almost in a secret state, excluding most of the developing countries. Until now, the debate on enforcement strengthen of intellectual property protection between developed and developing countries still remains.TRIPs created a new starting point for the competition of international intellectual property. However, as a compromise of different interest groups, it also provided each country a possibility under the established rules of choosing a reasonable intellectual property development. After China joined the WTO, China’s intellectual property protection measures stepped up to the international levels, and set up its own system of rules. However, as a developing country, the Chinese intellectual property rights infringement all over the country became the laughing stock of many intellectual property rights vested interest countries. China’s development depends on protecting intellectual property rights, but meanwhile, its own economic interests should also be taken into account in intellectual property protection system built by the developed countries. Trying to fulfill international obligations, maintaining the reputation of leading power and increasing the influence of the international community, China should make a reasonable and active choice by using the flexibility and space in the international intellectual property protection rules, based on the existing development status and policy environment and domestic law and related policy adjustments, guiding to moderate protection of intellectual property rights.This article is divided into four chapters. The first chapter introduces the development of international protection of intellectual property, as well as the background of the birth of ACTA; Chapter Two introduces the contents of ACTA comments, focusing on the comparison with the relevant provisions between the TRIPS and ACTA, especially on differences of intellectual property protection system between the two; Chapter Three sets out the expansion of intellectual property protection system performance and its impact on developing countries through ACTA’s promoting the development of the system; Chapter Four states ACTA’s impact on China and the possible measure China may be take.