The Influence Of "Anti-Counterfeiting Trade Agreement" On The Protection Of Intellectual Property Rights And China’s Response

Regional intellectual property, that is, except to sign international conventions on intellectual property or intellectual property bilateral reciprocal agreements, the rights of an intellectual property law by a State protected legally effective only within the scope of the country’s territory, while countries in the field of in addition, the international community is still in pursuit of a competitive "jungle society", which gave birth to include the intellectual property rights, including the various multilateral treaties, bilateral treaties, international organizations and other international intellectual property protection system.But the earlier system of intellectual property protection for intellectual property rights enforcement inadequate attention focused on the legislative contempt law enforcement, lack of an effective dispute settlement mechanism, in violation of obligations under the Convention effective and binding penalties,International protection of intellectual property rights under the WTO and the multilateral framework of the TRIPS Agreement WIPO encountered development bottleneck, it is difficult for developed countries to meet the new round of strong intellectual property protection standards;Free and efficient free trade agreement (FTA) want to become a developed country realize its benefits, the implementation of high standards of intellectual property platform, the implementation of TRIPS-plus standards, but there is contracting because of its high cost and the limited participation of the main defects of the same experience development bottleneck.Since November 2008, the United States, European Union, Japan and other intellectual property rights powers began to search for a new international treaty negotiations and place one kind of drifted away from the TRIPS Agreement and FTA addition, to implement strong international IPR protection standards that exceed TRIPS standards, strengthening the protection of intellectual property rights enforcement in the field of this new international treaty, "the anti-counterfeiting Trade Agreement" (anti-counterfeiting Trade Agreement, referred ACTA).ACTA is developed to the latest legislation on protection of intellectual property led the development, which mainly focuses on the enforcement of intellectual property rights, Article 6 to 27 total 22 ACTA text, accounting for half of the ACTA provisions, including detailed provisions general obligations, civil enforcement, border measures, criminal enforcement of intellectual property rights enforcement in the digital environment, including a law enforcement measures.ACTA extensive enforcement measures and strict enforcement of standards, undoubtedly in a way to achieve the fight against counterfeiting and piracy on a global scale violations of the mind, but the lack of participation of developing countries, particularly China and India, major suspected the original intention national tort infringement counterfeiting and piracy, ACTA to combat counterfeiting and piracy can be supported by developing countries is not known;At the same time, ACTA parties have not only economically developed country superiority and mastery of technology, but also to grasp the advantages of international trade in developed countries, accounting for about half of total global trade volume trade ACTA party, once the implementation of ACTA, its global international trade, especially the export trade of developing countries to bring what impact will result in a new round of trade barriers, these issues have to concern;Finally, ACTA’s implementation will affect both developed and developing countries, within the law of the land reform legislation on intellectual property protection system, ACTA generally expressed at the State party to the ACTA does not conflict with their national law, without having to re-modify the law of the land or in the text to fit the ACTA but due to the ACTA negotiations in addition to Mexico and Morocco, two developing countries, other developing countries not involved in the negotiation and development process, so the conflict between developing legislation on intellectual property rights protection system may exist and ACTA, which necessarily developing countries need to bring modifications within the law of the land, to bring new legislation burden on developing countries.