Research On Special Protection Of Intellectual Property In TPP

October 5,2015,TPP,Trans-Pacific Partnership Agreement(Trans-Pacific Partnership Agreement)breakthrough make the United States,Japan and other countries in the United States Atlanta reach a consensus,and reach a preliminary agreement.This article will compare the TPP intellectual property right with the geographical indications,the patent legislation rules and the copyright rules,and compare and analyze with the relevant legislation of China.Starting with the article,the paper analyzes several key issues to explore the TPP on China's intellectual property legislation.In the first part of this paper,the main content and impact of TPP are discussed.It is concluded that TPP is a kind of economic and trade agreement with diversified content,broad scope,high standard and more open degree.It is also not compatible with Berne Convention,Paris Convention and TRIPS.Compared to those relevant agreements,TPP have a higher level of protection compared,but the current leader of the US government has announced its withdrawal from the agreement,so its effective entry into force is yet to be determined.In the second part of this paper,author will discuss the "high standards,strong protection" intellectual property provisions of the TPP in depth.The Trademark and Geographical Indications Rules expand the scope of trademark protection,provide for the protection of new trademarks of smells,enforce high standards in intellectual property protection and give equal protection to geographical indications and trademarks,challenge trademark protection under the TRIPS system,break the balance of trademark protection;patent law provisions of the patent protection of drugs and undisclosed data can be patented standard criteria were cut,reduce its threshold,is the embodiment of the United States interests;in the copyright rules,the right to temporary use of copyrights is further expanded,which threatens the use of public resources.At the same time,the long-term copyright protection period of 70 years will also make the relevant legal systems of the countries be challenged.The third part of this paper focuses on the comparison and analysis of the special rules of intellectual property clauses in TPP and relevant Chinese legislation.It is considered that the protection of smell trademark in the TPP is worthy of recognition,but the protection of the geographical indications alone,will let it be misused and mislead the public.And the patent rules of our country will follow the strict patentability standard of TRIPS rules,which is more favorable to our intellectual property protection.Although the TPP copyright rules for the "temporary right to reproduce" the provisions is similar to chinese relevant regulations,Chinese government should still advocate the 50-year term of protection,which is based on the balance between innovation and public resources.The entry into force of the TPP will undoubtedly have an unavoidable impact on the intellectual property rights of Member States and non-member States,and each country should respond rationally and minimize its adverse impact on its own.As a developing country,the impact on TPP should be combined with the status quo of China 's own IPR protection to perfect the relevant IPR legislation system in accordance with the prevailing international standards.