The Analysis Of Chapter Of Intellectual Property In Trans -Pacific Partnership Agreement And The Response Of China Intellectual Property Law

The global market faces a new round of development and opportunities, regional focus on the development of bilateral trade agreements become this period. After the TRIPS agreement, the terms of intellectual property rights become an indispensable part of trade negotiation between countries, intellectual property rights in the TPP agreement also became the ACTA and a high standard of intellectual property rights norms, the negotiations in the international community also started a new round of debate about the international standards for the protection of intellectual property, and become an important factor in China’s future legislation in intellectual property. In this paper, by analyzing the TPP chapter of intellectual property rights of the negotiation process, negotiation background and main contents of chapter attempts to TPP intellectual property evaluation and analysis of the development of China’s intellectual property legislation of the road.To expound the above problems, this article is divided into four chapters.The first chapter with time as the clue, made an exposition of the TRIPS agreement and ACTA and analysis, points out that the developed countries and developing countries debate about international treaties of intellectual property rights protection standards and different law countries conflicts with the intellectual property rights to know these two throughout the focus of the development problem of intellectual property rights protection. Through the elaboration of the TRIPS agreement in the actual operation contradictions and conflicts, and explains the reasons for the appearance of the new intellectual property agreement TRIPS era, and attacked for this chapter and the TPP agreement of intellectual property rights has many associations in negotiations, the content of international intellectual property treaties are elucidated.The second chapter first analyzes the background of the TPP agreement, and summarizes the process of all previous TPP agreement negotiations and the narrative, and TRIPS-Plus terms as the breakthrough point, focus on the TPP chapter of intellectual property rights contained in these terms and conditions are studied, in order to explain the differences between the TPP and TRIPS agreement and beyond.The third chapter on the concept of TPP negotiation procedures, has carried on the deep analysis. The secret of the TPP negotiations become an international controversy, opponents say the TPP is in violation of the international negotiations is usually way, the primary reason to violate the law. In addition, the TPP also triggered the same high standards of developed countries and developing countries discussion of intellectual property protection standards and cost, it also become the TPP every country talks failed to reach a final agreement, cause the TPP official text again and again the a major reason for the delay.The forth chapter in the perspective of the development of China’s intellectual property rights, in the above analysis the TPP chapter content, on the basis of intellectual property to the TPP could affect China’s trade system and intellectual property law system. To solve this problem, China in the era of TRIPS shall adhere to intellectual property rights of multilateralism, adhere to the human rights above the position of intellectual property rights, and actively seek communication between system; On this basis, should pay attention to the TPP negotiations, and from different aspects such as legislation, law enforcement and judicial reference to the merits of TPP intellectual property chapter and make it the force of the legislation of intellectual property rights in China.