The New Trend Of Protection Rules Of Intellectual Property In TPP

The predecessor of Trans-Pacific Partnership Agreement (P4) is Trans-PacificStrategic Economic Partnership Agreement (TPP), which initiated by members ofAPEC of New Zealand, Singapore, Chile and Brunei. This multilateral free tradeagreement started from2002, it is formerly known as the Asia-Pacific Free TradeAgreement aimed at promoting trade liberalization in the Asia-Pacific region. AndTPP will break the traditional models of FTA, reaching a comprehensive free tradeagreement including all the goods and services. After United States announced to jointhe TPP negotiations, Australia, Peru, Malaysia, Vietnam, Japan, Mexico, Canada hasalso joined the negotiations since2008. Obviously, the United States seems to be theleader of these negotiations. What is more, the TPP will have important impact onAsia-Pacific economic integration, and may integrate or overhead Asia-PacificEconomic Cooperation Organization and the Association of Southeast Asian Nations.According to the change of reality, the TPP is likely to develop into a small "WTO"in Asia Pacific region in the future.However, as the world’s second-largest economy, China has expressed stronginterest in participating, but did not get the access to take part in negotiations. Bydiscussing the main issues about TPP in view of intellectual property, this paper isgoing to research the intellectual property provisions in TPP, FTAs of US, FTAs ofChina to figure out what is the new trend of protection rules of intellectual property inthe future TPP. Last, this dissertation focuses on whether China will join the TPPnegotiations, what advantages and disadvantages does China have and what are best suggestions that should be given.This dissertation comprises three chapters, totaling37,000words or so.Chapter1concentrates on U.S. protection of intellectual property in overseastrade. This chapter consists of three sections. The fist one introduces the basiccontents, functions, characteristics and application status of "section337" and "section301" in U.S. internal law, including their foreign influences. The second one showsthe changes of intellectual property provisions in FTAs, which were signed by theUnited States government, trying to find out the influence between U.S. internal lawand FTAs. Last part indicates the general comment about the protection of intellectualproperty in U.S. overseas trade, according to the comprehensive analysis of "section337","section301" and provisions of FTAs.Chapter2explores the intellectual property provisions in TPP. This chaptercomprises two sections. Section1discusses the background, basic contents, functionsand characteristics about TPP. Section2presents three possible changes of intellectualproperty provisions in the future TPP, then this part will analyse the most likely newtrend or change on the basis of actual conditions and studies.Chapter3points out China and TPP. This chapter includes four parts. The firstpart displays the basic contents and characteristics of intellectual property provisionsin FTAs, which were signed by China. Next, author wants to research the commonfeatures and functions of those provisions for the sake of negotiations. The secondpart gives four feasibility conditions for China join the TPP, including theoreticalbasis, practice foundation, strength and good opportunity. After join the TPPnegotiations, China will get more than four advantages like have right to speak, breaktrade barriers to reduce costs, reform system, renew ideas and create new model, all ofthese are submitted in the third part. The last part is about the potential risks andcountermeasures during the negotiating.