Study On Intellectual Property Clauses In China Free Trade Agreements

Trade exchanges between different countries have become more and more frequent.As a result,the protection of intellectual property rights has become more and more frequent.Therefore,the international cooperation in the intellectual property protection has also become an important content for the country's trade exchanges.The “TRIPS Agreement” has well-coordinated the protection standards of national intellectual property,and it also provides more flexible clauses that are conducive to the issue of the interests of the developing countries.But the developed countries haven't satisfied with the protection situation,they try their best to improve protection level by different ways in order to safeguard their interests.The current high standards of Trips-plus clauses are pursued by developed countries.Based on the Trips-plus clause,which is mainly expanded through the free trade agreement,China as the largest developing country has also signed many free trade agreements,and the issue of intellectual property clauses also increases.The limitation of the level of intellectual property rights in China makes it difficult to deal with the "super-TRIPS" clause.Based on the “TRIPS Agreement” and Trips-plus clauses,this article will study problems exist in Chinese FTAs IP Clauses so as to provide reference for the formulation and improvement of the intellectual property clauses in FTAs.This article is divided into four chapters:The first chapter is an overview of the Chinese FTAs and their intellectual property provisions.This chapter analyzes the background and significance of the intellectual property in Chinese free trade agreement,and outlines the intellectual property provisions of Chinese FTAs.The second chapter analyzes the problems of the intellectual property clauses in Chinese FTAs.And analyses the general terms,substantive provisions and procedural provisions in Chinese FTAs intellectual property and identify their problem respectively.The third chapter compares intellectual property clauses in Chinese FTAs with the international intellectual property clauses in FTAs.It mainly analyzes the intellectual property clauses in U.S.FTAs,intellectual property clauses in EU FTAs provisions and other regional free trade agreements such as the “Trans-Pacific Partnership Agreement.Terms”,and summed up the reference to our country.The fourth chapter provides suggestions for the intellectual property clauses in Chinese FTAs.This section analyses the existing issues of intellectual property clauses in Chinese free trade agreements,and give them some suggestions in the terms of general intellectual property rights,substantive clauses,and procedural clauses,and provides suggestions for future intellectual property clauses signed by China.