Research On The Trademark Rules In Trans-Pacific Partnership Agreement

Developed countries are making new trademark protection rules by signing free trade agreements,in order to raise the standard of international trademark protection.The international protection for trademark presents a feature of TRIPs-Plus.On February 4th,2016,12 members of Trans-Pacific Partnership officially signed the agreement.From the very beginning of the negotiation to the critical period at last,intelectual property,as an important topic,had always been the focus that all the members heatedly debated on.Trademark rules was one of the main issue.Through the difference among the different drafts and the final version of TPP,it is clear to see,the U.S.'s legislation idea has always been the lead,while other members has also put a great effort to fight for their own interest.Trademark rules of TPP has a remarkable feature of TRIPs-Plus+.TPP expands the composition of trademark,includes "smell" into the range that can be registered as trademark,and reinforces the protection of well-known trademark.TPP asks member countries to give the same protection to unregistered well-known trademarks as to registered trademarks.TPP allows member countries to choose from trademark system or independent system to protect geographical indicators and asks them provide objection and cancellation procedures for its registration.As to law enforcement,TPP made more strict rules.TPP encourages member countries to establish punitive damages system,asks them take border measures on transit goods,and lowers the criminal threshold.TPP trademark rules shows a ratchet effect.It expands the scope of protection,raises the standard,and favours obligee enormously.This will improve member countries trademark system,and protect the interest of trademark owners better.However,its high standard may bring too a heavy load to the members.Meanwhile,since the U.S.has always been the leader in the negotiation,it shows double-standard according to whether it is or not where the U.S.'s interest lies.China's trademark law system still has a big difference to TPP's.China doesn't protect smell trademarks,and doesn't provide protection beyond category for unregistered well-known trademarks.China protects geographical indicators under two different systems,which would hinder the efficiency as well as effect of protection.As to law enforcement,China still focuses on compensatory damages,and is rather loose on border and criminal measures.China's trademark law system needs to absorb the reasonable and beneficial parts in TPP trademark rules.Protection for smell trademark should be introduced at the right time.Protection for unregistered well-known trademark should be established,geographical indicator system should be normalized,and law enforcement should be reinforced.