To Study The Patent Of Trans-Pacific Partnership Agreement

Since the Trans-Pacific Partnership Agreement (TPP) started, especially the US announced to join it, it has caused widespread concern in the community. The opacity of the TPP makes it difficult for international community to know the contents of their talks, which has been criticized. So far, drafts of the talks have been leaked 4 times. These drafts reflect the newest international "high standards" of international agreements. The international property is particularly intense among these debates. APEC meeting was held in Beijing on November 2014. Construction of the Free Trade Area of the Asia-Pacific (FTAAP) was especially emphasized. What enlightenment has TPP brought to us for preparing for negotiations? What kind of attitude should we hold to the intellectual chapter, especially the patent section? What kind of help will it have in constructing FTAAP for us and other members of APEC? These contributed to the author’s study motivation.On the basis of 2014 version of the text, which was leaked by WikiLeaks, a nonprofit media organization and supplemented by 2013 version of the text, this paper mainly studies the patent section. There are five chapters in this article. The first chapter is an overview of TPP and the issues of intellectual involved is introduced. And then in the second chapter, the third chapter and the fourth chapter of the text are analysis of the controversial patentable subject matter, pharmaceutical paten, traditional knowledge, traditional cultural expressions and genetic resources. The analysis reveals that the 2014 version of the text has made certain achievements in the efforts of the negotiating countries compared with the previous version. Some controversial provisions have been removed such as diagnostic, therapeutic and surgical methods for the treatment of humans or animals. However, high standards still exist, such as expansion of the scope of the patent granted, pharmaceutical data protection. There are also some provisions positive for countries to improve domestic law, and promote innovation, such as the establishment of patent linkage.