The Research Of CPTPP Intellectual Property Right Rules And China's Response

On March 8,2018,representatives from 11 countries of CPTPP held a signing ceremony in Santiago,which is the capital of Chile.TPP has finally made substantive progress against the background of depression and unpopularity.Since then,it has entered domestic legislative approval stage.If it goes smoothly,it will be put into effect in 2019.CPTPP is very broad,except to focusing the trade and investment areas in the traditional model of FTA,include all the issues associated with trade finance,which involve financial services,corporate management,competition policies,labor and environmental protection,the content and the coverage of the issues beyond most of FTA,which is now the highest standard and the most comprehensive regional trade agreement.As an important chapter of CPTPP,intellectual property reflects the latest trend of international intellectual property protection in the world.The negotiation of intellectual property has always been the point of contention among the members,which has been referred to as the most difficult and most contentious issue by Obama,the high standard of intellectual property rules of CPTPP is embodied in the following aspects: in the field of trademark right,sound and smell are included in the scope of trademark registration that can be applied for,the cross-class protection of unregistered well-known trademarks is allowed,and geographical indications are recognized and protected.The strong protection clauses of patent right include expanding the scope of objects,refining the application and review procedures,and strengthening the protection of drug data and pharmaceuticals data.In the field of copyright,copyright owners have expanded the content of copyright reproduction,expanded the protection period of copyright and related rights,and stipulated the liability of network service providers for infringement;CPTPP also stipulates the strict law enforcement measures,such as expanding the scope of application about border measures,increasing civil damages,and reducing the threshold of the criminal sanctions,etc,these terms clearly have the legal nature of the TRIPS-plus.Whether our country will join CPTPP in the future or not,its impact on the intellectual property of our country and the positive signals that it has released is not to be underestimated,but now that the United States has dropped out of the TPP,it has not stopped the China's siege,and China should be equal and positive,to focus on the domestic and international legislation,to improve the domestic laws,to create a favorable environment for our country's innovationand intellectual property.It's just the cooperation and mutual understanding between countries,and the results of a win-win for the country,to accelerate the process of regional integration.