A Study On Copyright Protection In The Trans Pacific Partnership Agreement

Under digital environment, traditional international copyright legislation play a limited role in legislation, countries in the WTO to seek international copyright protection under the new situation the new rules, due to the Doha-round "of intellectual property rights issues" into "slow channel" did not produce tangible results. The trans-pacific Partnership Agreement(Trans- Pacific Partnership Agreement, or TPP) as one of the world’s largest regional trade negotiations, become some countries agreed rules of copyright protection platform. America’s leading makes the TPP copyright protection outside influence gradually expanded, as a non TPP negotiations of across the Pacific countries in our country, to minimize the TPP copyright protection rules to achieve copyright protection may form after the impact to our country, "the TPP standard" to deal with the TPP copyright protection to conduct a comprehensive analysis, to explore the legal obstacles of copyright protection in our country to join the TPP and break through the path, and build their copyright protection legal system of the new model, in order to better cope with the effects of the TPP copyright protection in our country.This paper firstly introduces the TPP rise of copyright protection and the core content, under the WTO Doha round copyright regulation failure, diversification of copyright infringement under digital environment, and the United States "to return to the Asia-pacific" strategy, the influence of the rise of the TPP copyright protection demands. Combing the TPP copyright negotiations can refine the advance of rights negotiations disputes clause in the disputed amount and the transition of the controversial nature, by listing the TPP terms of copyright protection in the right execution can abstract the TPP copyright protection "Trips- plus" legal characteristics. Secondly, analysis the legal obstacles in the copyright protection in our country to join the TPP. Due to ignore the negotiations between the gap of domestic legislation and the lack of terms of the transition period, due to the TPP copyright protection of domestic legislation put forward revision demands caused by the international treaties and domestic law is incompatible and the interests of the copyright legislation related imbalances are the legal obstacles in China to join the TPP copyright protection and negotiation to promote the cause of the difficulties. Again, try to explore the TPP copyright protection barriers breakthrough path. Copyright protection in the TPP complement set keep buffer terms, applicable treaty system in order to deal with the lack of transitional provisions; Apply the principle of the value of high-level solution by applying the method of treaty TPP incompatibility of copyright protection and domestic legislation; As a measure of the Copyright Act in a fair mutual benefit principle criteria as the re-balancing of copyright legislation means of balancing of interests. Finally, discusses the influence of the TPP copyright protection in our country and coping strategies. The TPP copyright protection is not only affected our country’s copyright law system, and influence foreign copyright cooperation in China. At this point, our country should consider the TPP copyright protection in our country, rethinking of TPP copyright problem of adding, also in China should improve the legal system of the copyright and construct "spider web" free trade agreement mode.