The Legal Countermeasures To The Civil Compensation Rules For TPP Intellectual Property In China

Trans-Pacific Partnership Agreement,as an important multilateral economic negotiation organization in the world,attracts extensive attention because of the acceding and promoting by the United States.Naturally,the withdrawing by the United States in 2017 arouses heated discussions once again.TPP successfully concluded negotiations and reached the TPP agreement in 2015,whose the protection standard of civil compensation rules of the intellectual property is much higher than the protection standard of TRIPS agreement.According to compare the TPP with the TRIPS agreement,the author fully demonstrates the necessity of referencing the civil compensation rules in TPP,and then provides legal suggestions to improve the protection standard of the civil compensation rules in China.In TPP,the civil compensation rules contains the payment rules of legal subjects,the fair value assessment rules,as well as the additional compensation rules which fully protect intellectual property,severely punish the tort,and guarantee the intellectual property trade smoothly.The rules accord with the current development trend,and provide samples for the development of intellectual property in China.When determining the amount of compensation,we can use the fair value assessment rules,consider the provided fair evidence and fully protect intellectual property rights.When choosing the way to protect the intellectual property,the law ought to give the right to choose legal compensation or punitive compensation way.When dealing with payment issues of the legal costs,the law should identify clearly the losing party to bear the legal costs,in order to definite the subject of liabilities for compensation and guarantee the inconsistency and stable development in judicial practice.The rules of the intellectual property in TPP play a leading role in the development of civil compensation rules.We should grasp the opportunity and face the challenge bravely by TPP,and then improve the protection standards of intellectual property,in order to fully protect the legally intellectual property and win a bigger voice and initiative in the world,which is the responsibility of the intellectual property law,is the necessary requirement in the society ruled by law,also is the lifelong pursuit of the legal person.