Research On Patent Protection In Regional Comprehensive Economic Partenership

Regional Comprehensive Economic Partenership(RCEP)is a cooperative initiative put forward by ASEAN in 2011,aiming at establishing a new cooperative region covering 16 countries in the Asia-Pacific region,with a total GDP of 20 trillion US dollars(about 1/3 of the global total),a total trade of 10 trillion US dollars(about 1/3 of the total world trade),and a large market of 3.4 billion people(about 1/2 of the global total population).At present,RCEP negotiations are at a critical stage,and the protection of patent rights in intellectual property rights is a key and difficult issue in the negotiations.There are still great differences in the attitude of patent protection in the intellectual property legal system,among RCEP members,showing two camps.Developing countries such as India are reluctant to accept the rules of developed countries because of the need to protect their industries and maintain public health.For example,Indian negotiators said they would firmly oppose "some of the most difficult intellectual property provisions,such as drug data monopoly and patent extension".Developed countries have adhered to the self-interest protection regulations in their bills.This article is divided into several parts to make a detailed analysis and elaboration on the topic selection.The first part is about the research background and content overview of RCEP patent protection.From the proposal of the Regional Comprehensive Economic Partnership Agreement to the main content of the intellectual property chapter of RCEP,it is explained in detail.The second part is the analysis of RCEP drug patent protection.Firstly,it summarizes the protection of RCEP intellectual property rights,then the protection of drug patent system by international law,and finally elaborates the positive and negative effects of RCEP drug high standard intellectual property rights.The third part mainly analyses the protection system of RCEP plant new varieties.Firstly,it summarizes the protection of intellectual property rights of RCEP plant new varieties.Secondly,it analyses the effect of UPOV Convention on the protection and development of plant new varieties,and compares the main protection mode of plant new varieties in the world with the negative effect of UPOV91 adopted by RCEP.Finally,RCEP's suggestions on perfecting the patent protection of China's drugs and on the protection system of new plant varieties in China are given from the analysis of China's national conditions,drawing on the relevant protection measures of other countries,and then from the formulation and implementation of relevant laws and regulations in China.