Research On International Intellectual Property Protection "TRIPS-plus" Standard

The Agreement on Trade-Related Aspects of Intellectual Property Rights(hereinafter referred to as the “TRIPS Agreement”)has great differences in the process of deliberation.After implementation,neither developed nor developing countries are satisfied with it and are different.The occasion puts forward their respective claims.Developed countries advocate that developing countries such as China have insufficient enforcement of patent protection,and hope that the international intellectual property system can adopt higher standards and stricter enforcement systems.Under the WTO system,developing countries account for the majority,one country and one vote.Therefore,the opinions of developed countries are difficult to advance in the Doha Round negotiations,and the Doha Round is stagnating,leading to the development of developed countries,from multilateral systems to bilateral,regional and plurilateral sides.These include bilateral free trade agreements between developed countries,the Anti-Counterfeiting Trade Agreement to strengthen IP enforcement,the Comprehensive Economic and Trade Agreement between Canada and the European Union,and the Trans-Pacific Partnership Agreement,after the withdrawal of the United States from the TPP,the Japan-led Trans-Pacific Partnership Comprehensive Progress Agreement and the Transatlantic Trade and Investment Partnership Agreement under negotiation.The above-mentioned intellectual property protection standards established by the developed countries dominated negotiations and signed or even entered into force in the field of intellectual property are higher than the “TRIPS-plus” standard.The characteristics of the “TRIPS-plus” standard include expanding the scope of intellectual property objects,expanding the rights of rights holders,enhancing the obligations of contracting parties,improving the implementation of intellectual property rights and law enforcement.In dispute resolution,developed countries can direct retaliation,the Investor and the National Dispute Resolution Mechanism may also allow investors to directly sue the host country.First,the TRIPS Agreement does not restrict its parties from concluding other forms of treaties or to enact relevant legislation not lower than the protection standards of the TRIPS Agreement.Secondly,according to Locke's theory of natural rights,the creation and dissemination of knowledge requires labor,and there are restrictions on the acquisition of laborproperty.Locke has two conditions regarding Locke's legitimacy of private property:First,the object is changed through labor.The natural shape of the place;the second is to leave enough and equally good property for others.However,obtaining intellectual property rights through labor also has similar legitimacy.With the development of science and technology,the object of intellectual property has undergone tremendous changes,which has created the need for intellectual property protection and expansion.Moreover,the creation and dissemination of knowledge requires early investment and needs to bear huge risks.In order to stimulate the creation and dissemination of knowledge and promote the advancement and development of science and technology,intellectual property law also has legitimacy for the protection of rights holders.However,the “TRIPS-plus” standard lacks certain fairness and justice.The excessive protection of rights holders infringes on the public interest,and the level of economic development of various countries is uneven.However,the “TRIPS-plus” standard lacks flexibility,resulting in unbalanced interests and lack of reasonableness.However,developed countries have great economic and political influences and have a decisive role in the international intellectual property system.Therefore,the “TRIPS-plus” standard will still have a huge impact on the reconstruction of the international intellectual property system.In the face of the above situation,the formulation of China's intellectual property policy is divided into two levels,international and domestic.At present,the situation facing intellectual property reform in the international arena has the tendency to expand the scope of intellectual property protection and enhance the intensity of intellectual property protection.At the same time,China has more opportunities in the“One Belt and One Road” initiative,the Regional Comprehensive Economic Partnership Agreement and the international arena with ASEAN,Central and Eastern Europe,and more active than the era of the TRIPS Agreement.Therefore,in order to improve the competitiveness of China's knowledge products in the world,China should actively participate in and promote the reform of the international intellectual property system,take the current form of economic development in China as the foothold,and consider the public interest of China as a competitive industry for China.Strive for the international market and strive for buffer opportunities and space for the industries that still need to be developed in China.At the domestic level,on the one hand,based on the balance of interests,coordinate the conflicts of interest between rights holders and the public,rights holders and new rights holders,and maintainsustainable innovation and development.On the other hand,industries at different stages of development should be treated differently.For naive industries,an open market should be built to maintain the vitality of its full development.For industries that have developed relatively mature,we must increase the punishment of infringement and maintain a fair market.