Exploration Of The Standards Of Intellectual Property Enforcement From The Perspective Of Multilateral Treaties

Standards are reflected by rules.Since the rules of intellectual property enforcement have been incorporated into the international legal framework,they have undergone a process of change from nothing,from low standards to high standards.Especially in multilateral treaties,the Anti-Counterfeiting Trade Agreement(ACTA)and the Comprehensive Progressive Trans-Pacific Partnership Agreement(CPTPP),which have emerged in recent years,are characterized by high standards and establish New Rules for the Enforcement of Intellectual Property Rights(TRIPS-Plus Enforcement Rules).Under such changes,changes in the standards of intellectual property enforcement that balance the interests of intellectual property owners,infringers,the public,and the state need to be deeply considered.On the one hand,it can deepen people's understanding of the standards of intellectual property enforcement,and on the other hand,it can help China reduce or even avoid the loss caused by the New Enforcement Standards(TRIPS-Plus Enforcement Standards)established by multilateral treaties.The standards of the enforcement of intellectual property rights established by multilateral treaties have different characteristics at different times.In the pre-TRIPS era,multilateral treaties represented by the Paris Convention and the Berne Convention lack specific regulation in enforcement.Arbitrary enforcement clauses provide members with as much autonomy as possible,and the inadequacy of the dispute settlement mechanism greatly weakens the effectiveness of implementation.In the era of TRIPS,the TRIPS Agreement has made great progress in the rules of enforcement of intellectual property rights.Its content is comprehensive,rich and dense,and it emphasizes the civil and administrative procedures,and it is more cautious for the criminal procedure and considers more interests of different countries.After entering the post-TRIPS era,the emerging standards of ACTA and CPTPP in civil and administrative measures,border measures,criminal enforcement measures,enforcement in the digital environment,and trade secrets have been significantly improved compared to the TRIPS Agreement.While leaning to the interests of intellectual property owners,it also imposes a heavy enforcement burden on developing countries.It is worth noting that the TRIPS-Plus Enforcement Standards established by multilateral treaties do not appear without no reason,but because of the promotion of interest groups and the institutional dilemma of the TRIPS Agreement itself.There is a debate about the legality and rationality of the TRIPS-Plus Enforcement Standards.It is generally believed that the TRIPS-Plus Enforcement Rules are legally consistent because they comply with the “Minimum Standards” of the TRIPS Agreement and the legal process of negotiation,signature,approval,etc.In addition,it can effectively combat the increasingly rampant violations,promote innovation and economic development,and safeguard the rights and interests of intellectual property owners,so it is reasonable.But in fact,some TRIPS-Plus Enforcement Standards violate the "Highest Standards" of the TRIPS Agreement,making it lack of relative substantive justice and without substantive legitimacy.The lack of openness in the process of formulating multilateral treaties and the lack of formal justice have also made the TRIPS-Plus Enforcement Standards not formal legitimacy.The above reasonable rationale is also being questioned.From the perspective of balance of interests,since the TRIPS-Plus Enforcement Standards are more biased towards the interests of developed countries and intellectual property owners,they are not reasonable.Based on China,China has always been making efforts to improve the standards of domestic intellectual property enforcement.In order to join the TRIPS Agreement,it has been surpassing the domestic economic strength and constantly implementing higher standards,which ultimately meets the requirements of the TRIPS Agreement.But now,the TRIPS-Plus Enforcement Standards set up by ACTA and CPTPP will adversely affect China through various paths,including loss of China's trade interests,impact on the intellectual property enforcement system,and weakening of international discourse power.Therefore,in response to these effects,China needs to adopt corresponding strategies to deal with it,such as improving the competitiveness of enterprises,rationally constructing an intellectual property enforcement system,and striving for international discourse power through multi-channels.