Research On Implementation Of U.S.-Jordan FTA’s TRIPS-Plus Clauses In Jordan

The TRIPS is the most comprehensive international convention on the protection of intellectual property rights under the multilateral system. It establishes minimum sandards for the protection of intellectual property rights for the members of WTO, and yet it is still the result of the compromise and game between developed and developing countries basing on their own respective national interests. Therefore, the implementation of such agreement cannot meet both the north and south countries’ different requirements. With the advent of the post-TRIPS era, as developed countries and regions like the United States and the European Union began to use market access and technology transfer and transnational investment as conditions for negotiations to tempt developing countries to sign free trade agreements containing TRIPS-plus clauses. The implementation of the TRIPs-plus provisions in developing countries not only seriously hindered the drugs industry development and the protection of traditional resources but also improved the cost of intellectual property legislation and enforcement. As a result, China as the biggest developing country in the WTO members should actively face the challenges of TRIPS-plus provisions and develop coping strategies as early as possible.Based on the above background, taking the implementation of the TRIPS-Plus clauses in the United States-Jordan FTA as the research object, this article studied the background of signing the agreement, concluded the main contents of its TRIPS-Plus terms, summarized and analyzed the impact of the United States-Jordan FTA terms upon Jordan’s legislation and law enforcement and practice and then put forward countermeasures for China in future FTA intellectual property protection negotiation.This article has the following four aspects:Part one, the background of the implementation of the United States-Jordan TRIPS-Plus clauses and conditions.Through the following two aspects, the background of the signing of the United States-Jordan FTA as well as the terms and conditions of the TRIPS-Plus in the United States-Jordan FTA,this article analyzed the background of implementation of TRIPS-Plus clauses in the United States-Jordan FTA. Thereinto, the TRIPS-Plus clause content in the United States-Jordan FTA embodied in three aspects: geographical indications, copyright and related rights and patent rights.Part two, the implementation of the TRIPS-Plus clauses in the United States-Jordan FTA in Jordan’s legislation. In this section, the author analyzed from the following three aspects: firstly, from the legislation of trademarks and geographical indications in Jordan, the article defined the trademark rights, classified its refinement and analyzed the protection of well-know trademarks; secondly, it elaborates the scope of copyright protection object,the increase of forbidding circumvent technical protection measures and the government’s using of legitimate software to analyze in Jordan’s copyright and related rights legislation; thirdly, it covers Jordan’s patent legislation in protection of life definition, the improvement of the compulsory licensing provisions, the increase of the data protection regulations and the extension of patent duration.Part three, the implementation of the United States-Jordan TRIPS-Plus terms in Jordan’s enforcement. This section elaborates on the execution of the TRIPS-Plus clause in Jordan through four aspects, namely civil relief measures, criminal relief measures, administrative protection and the border measures; secondly,Part four, the implementation of the United States-Jordan TRIPS-Plus terms in Jordan’s practice. This section discussed the implementation of TRIPS-Plus terms in Jordan in the following three aspects of trademark and geographical indication, copyright and related rights and patent.Part five, this section discussed the enlightenment to China on the implementation of the United States-Jordan FTA TRIPS-Plus clauses in Jordan. This article analyzed the terms concerning the intellectual property rights in the FTA signed by China, and further discussed the inspiration of the implementation of the United States-Jordan FTA TRIPS-Plus clauses upon China’s future FTA intellectual property rights negotiation and implementation.