On The Provisions Of Intellectual Property Protection In China’s Fta Under The Background Of Trips-plus

Trips-plus provisions are now greatly admired by developed countries because the provisions have the function to improve the international intellectual property protection standards and maintain exclusive technology. But the expansion of provisions and conditions could greatly harm the public interests of developing countries. As the largest developing country, China should take the initiative to work out rather than accept passively. Because Trips-plus by the main way of Free Trade Agreements(FTAs) to expand, so our country should scan and research the provisions of intellectual property protection in FTAs, then reform and perfect the provisions of intellectual property protection in FTAs.First, we should focus on the theoretical analysis of Trips- plus. To begin with, it is necessary to explore the generation of international protection of intellectual property rights. The bundling of intellectual property rights and international trade focused on the Agreement On Trade-related Aspects of Intellectual Property Rights(Trips) initially, with the popularization of the Trips, the consciousness of international protection of intellectual property was ascended further. At the same time, because the Trips specified the minimum standards for the protection of intellectual property rights, the member countries all adjusted their intellectual property rights protection rules, which makes about intellectual property trade friction between countries get effective harmonic. But after the era of Trips, the intellectual property clauses in free trade gradually got rich, thus many provisions were too much to improve the protection standards of intellectual property, even damaged the public interest in some countries, then Trips – plus arisen at that historic moment. Next, to analyze the concept of Trips – plus, historical background, the legal basis and reveal the theoretical basis of the expansion of the Trips – plus and the developed countries’ method to popularize the high standards Trips – plus.Second, the analysis of the expansion of Trips- plus. First of all, we should discuss the expansion forms of Trips- plus. The trade agreements are the main carriers to spread the Trips–plus. And the form of the anti-counterfeiting trade agreement, the trans-pacific partnership agreement and the bilateral agreement of FTA are the most representative ways. Secondly, we also should analyze the main content of its expansion. So the bilateral system of FTA has great influence, and its use is widespread, since it’s necessary to start from some signed FTA, to study the provisions of the intellectual property, then we can find that Trips- plus mainly includes five aspects of content. Moreover, describe the main characteristic of the expansion of Trips – plus, in order to master the regular of its expansion. Finally, analyze the main effect of the expansion of Trips–plus. Trips–plus improves the standard of the international protection of intellectual property, and drives the development trend of the rules system of international protection of intellectual property, its influence is profound and comprehensive. Both developed countries and developing countries are subject to the different degrees of positive or negative effect. Equally, the changed rules of the international protection of intellectual property also had a big impact on international relations, international trade, and other areas of the international community.Third, the interpretation of the intellectual property protection provisions in China’s FTA. Firstly, we researched the intellectual property provisions in China’s FTAs one by one with the view of entity analysis, described the present situation, and through the comparison of provisions in different FTAs, observed the difference between their object of protection, words and so on. At the same time, according to China’s economic, cultural and other social development current situation, analyzed the ill effects, the advantages and disadvantages of the expansion of Trips – plus when our country against it, then explained it. On this basis, combing the FTA provisions of intellectual property rights structure, content and other imperfect part, concluding our current provisions of bring out the best in each other or conflict with the provisions of Trips – plus, then combining expert opinions and empirical analysis, it is concluded that the necessity of the protection of intellectual property provisions in our FTAs to be perfect.Fourth, developing and perfecting countermeasures of intellectual property protection provisions in Chinese FTA. First of all, because China did not contact with Europe and the United States about FTAs, so there is no direct effects with the promotion of Trips – plus. But we can research the signed FTAs between developed countries and developing countries, and analyze the techniques and methods that the developed countries promote Trips – plus, then absorb the experience of other countries coping with Trips – plus provisions. Secondly, combining with the current level of economic development background and intellectual property protection in China, and on the basis of the overall goal of our country, the legal principles, then put forward suggestions of perfecting our country’s intellectual property protection provisions in the FTA.