The Analysis Of Intellectual Property Rights In TPP

October 5,2015, the Trans Pacific Partnership Agreement (TPP) has finally made substantial breakthroughs, the United States, Japan and other 12 countries has made an agreement on the TPP. The content of the TPP agreement is very broad, covering the general trade and almost all issues related to trade. As one of the key content of the negotiations, intellectual property rights have been a great concern from the beginning. In November 2015, the U.S. Trade Representative Office published the final text of TPP, which contains more than 80 rules of intellectual property rights and reflects the latest development trend and the highest standard of today's global intellectual property protection. In the field of copyright, TPP strengthens the protection of digital intellectual property rights, and extends the protection period of copyright. Patent protection terms include expanding the scope of patent, for example, new use of known products, new methods, and the invention of plants can be granted patents. TPP also provides 3 years and more than 5 years of quasi patent protection period for the clinical trial data of drugs. TPP upgrades the protection of trademarks and geographical indications. It not only expanded the scope of protection of trademark rights, which "smell" will be granted a trademark, but also strengthens the protection of domain names, geographical indications and well-known trademarks and protection of well-known trademarks.It also allows unregistered well-known trademarks enjoy the privilege of cross protection. TPP provides more stringent rules of intellectual property law enforcement, such as the civil relief implementation of additional compensation system, the threshold for criminal sanctions reduced, and measures of transit is expanded to import, export and transit of the three links. The intellectual property section reflects the latest development trend of the current global protection of IPR. Its standards for the scope of the object, the length of protection and the law enforcement measures of IPR are clearly beyond the provisions of the TRIPs and the FTA. These clauses have TRIPs-plus legal attributes and are thickly Americanized. Although China has not joined TPP, the intellectual property rights protection provisions of TPP can be divided into no influence clause, reference clause and distance clause. For the no influence clause and distance clause, we can temporarily ignore. But we must consider the impacts on China's trade and intellectual property rights system which the agreement on TPP could bring. For our country, the clauses which have strong protections of IPR are a double-edged sword. The development trend of intellectual property protection of TPP is not only beneficial to improve the theoretical level of intellectual property protection, but also help to improve our current intellectual property protection system.