A Study On The Influence Of Intellectual Property Clauses In Trans-pacific Partnership Agreement (TPP) On China

As a regional free trade agreement,the intellectual property section of the TPP agreement is famous for its “Strict-requirement and high-standard”.The negotiation standards that American’s intellectual property rights draft established portend the future development direction of intellectual property rights to a certain extent.The trend of the TPP is full of surprises at present.But the intellectual property clause it formed still has important research value.Although China is not the TPP members,in view of the development of international intellectual property protection system and the role of economic globalization,the TPP will influence China through various paths.This article embarked from the background of international intellectual property protectionism,and comparatively study the TPP and the TRIPS agreement.Then we analyzed the influence of TPP and how the TPP impact China,and discussed the enlightenment that the TPP intellectual property rights rules bring to China,so as to improve China’s protection system of intellectual property.The first part of the article to the background of TPP and the present situation of intellectual property protection in China as a starting point,longitudinally analyze the development course and its properties of the TPP.This part is divided into three pieces.First of all,it introduced the existing condition of TPP from the historical process of TPP and the relationship between TPP and the United States.Secondly,it discussed the international influence of the TPP from two aspects: on the TPP members and non-members.Finally,combined with the lack of legal system of intellectual property rights in China,and the treaties that China concluded related to intellectual property rights,it discovered the problem of TRIPS agreement which is yet to be solved on the intellectual property law,and then clearly defined the TPP’s nature and position in the international intellectual property system.The second part explored the international status and influence of TPP,through the comparative study on the TPP and TRIPS agreement,and the developing to the international protection of intellectual property rights.Firstly,it compared the TPP and TRIPS agreement through the research on the copyright and related rights,patents,trademarks and geographical indications,and IPR law enforcement.Secondly,this paper discussed the difference of the TPP and TRIPS agreement on dispute settlement mechanism,and analyzed the two agreements to deepen the understanding of the TPP rules of intellectual property and the protection system.Finally,it will explore the risks of TPP’s “Strict-requirement and high-standard” IPR clauses.The risks mainly include the balance of interests distribution of intellectual property right between the the developed countries and developing countries,and the interests balance issue of private rights and the public’s interests.TPP may create new rules of international intellectual property,and it pointed the evolution trend of the strong international intellectual property protectionism.The third part analyzed the influence TPP will bring and the path that the TPP terms of intellectual property rights impact on China.This part mainly discussed three points.The first one is the impact that the intellectual property rules of TPP’s application may have on China through the comparative study on the TPP and the TRIPS agreement.Secondly,it analyzed the ways that TPP may influence China,through analyzing the principle of national treatment and most-favored-nation treatment,and the strict IPR law enforcement measures,rules of origin.Finally,this part discussed the indirect influence of TPP intellectual property rules through the globalization trend to our country.The fourth part directly pointed out the enlightenment that the TPP’s development direction about the intellectual property provisions brings to China.It respectively analyzed the enlightenment from the status quo of China’s copyright law,patent law and trademark law.Finally,it penetrated national intellectual property strategy layout with international vision perspective.Basing on geopolitical influence externally,and following up the international treaty on international intellectual property is needed to protect the security of international trade about intellectual property rights in China.Internally,China should improve its own independent intellectual property rights innovation ability,and cope with the TPP with an open attitude under the perfect precautionary measure,and promote the improvement of China’s intellectual property rights protection system.