The Study Of Legal Issues Of Intellectual Property Cooperation Between China And Association Of Southeast Asian Nations (ASEAN)

The intellectual property version of TPP was signed by America,Singapore and other ten TPP members in December,2015.In 2002,China and ASEAN reached the consistency on cooperation and signed Comprehensive Economic Framework Agreement between ASEAN and China,which mentions the cooperation on intellectual property.Subsequently,China and ASEAN sighed Memorandum of Understanding between ASEAN and China on Cooperation in the Field of Intellectual Property in 2009.This memorandum is the first document in the field of intellectual property,but up till now,the progress of the cooperation,which is loose,develops slowly,and there is no substantial advancement on intellectual property between ASEAN and China.China wants to improve the cooperation,but the signature of TPP brings more challenges to the cooperation.TPP takes the standard of Trips-plus.It expands the scope of the patentabilty of trade mark objects,and for the first time brings the domain name into protection.TPP also extends the protection terms for copyright and other rights,patent,in order to enhance the protection for intellectual property right owners.In the future,TPP will bring much influence for the cooperation between China and ASEAN,not only hinders the profound intellectual property cooperation,but also brings challenges to the trade between China and ASEAN.And there is no doubt that intellectual property disputes will occur.China should take measures to accelerate the cooperation between China and ASEAN.The influence that TPP brings will be reduced through bilateral agreements signed between China and members of ASEAN.China should make efforts to establish the cooperation mechanism of traditional knowledge and genetic resources.The dispute settlement mechanism for intellectual property should be established an well.