Research On IPR Provisions In BFTA

With the prosperity of global trade, the trend of the regional economic integration is more and more obvious. In order to meet the challenge, many countries change to focus on bilateral negotiations rather than multilateral negotiations. As a result, Bilateral Free Trade Agreements become an important option for most trading nations with their attention. On this condition, for many developed countries, Bilateral Free Trade Agreements gradually become an important tool to promote the protection of globalization of intellectual property. Due to the different demands between developed and developing countries, the developed countries want to protect their own interests through the globalization of intellectual property protection, while the developing countries don’t hope the intellectual property rights adversely affect their economic development. Thus, their intellectual property rights clause have many difference. China, as a representative of the developing world, is going through the difficult transition from a country owned many intellectual property rights to a country owned many useful and important intellectual property rights. Compared with developed countries, there is a big gap by use BFTA to protect intellectual property rights, while there are many place to upgrade.This article is discuss the intellectual property rights in trade field on the context. And the paper is divided into three chapters:The first chapter describes the issues of intellectual property protection and the status of it, and analyzes the relationship between intellectual property strategy and economic and trade policies in developed countries and developing countries, as well as the issues in solving the intellectual property problem in bilateral trade negotiation. The second chapter is a comparative research on intellectual property clause in BFTA which contained the developed countries and developing countries, and the content of it.The third chapter describes the process of BFTA signed by China, analyzes the factors which can affect the intellectual property clause of it, find the shortcomings of the intellectual property clause in BFTA signed by China, and give advices in the end through drawing the practice in developed countries.