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Research On The Intellectual Property Clause Of The Trans-pacific Partership Agreement

Posted on:2019-03-18Degree:MasterType:Thesis
Country:ChinaCandidate:H YangFull Text:PDF
GTID:2416330590489625Subject:Law
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The Trans-Pacific Partnership Agreement(TPP)is the most popular regional trade agreement in the world at this stage.Its intellectual property-related sections have always been characterized by high standards,wide scope,and strict requirements.Although Trump was elected and announced to withdraw from the TPP,the trend of the current TPP is full of variables,but the negotiation standards established in the Intellectual Property section of the TPP Agreement to some extent also herald the development of the world's intellectual property in the future.The resulting intellectual property clauses still have important research value.Although China is not a party to the TPP at this stage,in view of the development of the international protection system for intellectual property rights and the role of economic globalization,the TPP agreement will inevitably exert various influences on all aspects of China through various paths.This article intends to analyze how it will affect China through the relevant content of intellectual property rights in the TPP Agreement.Through the analysis of the impact of intellectual property rules in the TPP Agreement on the development of China 's future intellectual property,it is feasible to promote the improvement of China ' s intellectual property system.Sex suggestions.In order to elaborate on the above issues,the article is divided into five parts.The first part elaborates on the development of the TPP agreement,the development of the TPP agreement,and the negotiation results of the current stage.It focuses on the development of the TPP agreement and points out the historical reasons for the birth of the TPP agreement.Through the detailed analysis of the previous themes of the TPP negotiations and the published agreements,it indicates the emergence stage.The specific characteristics of the agreement are compared with the previous international agreements.Finally,the impact of such a high standard and wide-ranging agreement born in the above background on China and its major contracting parties before and after the US withdrawal are pointed out.The second part takes the TRIPS agreement as the point of view to point out the historical advantages of the TRIPS agreement and the main characteristics of the agreement under the current international economic development pattern;the development of the stage agreement agreement is extended by the description of the characteristics of TRIPS,ie the agreement was not negotiated at the time of negotiation.The various disputes that can be solved and their historical limitations are pointed out;in the post-TRIPS era,in order to adapt to various new situations and new things,the standards for intellectual property protection have emerged in an endless stream,and some rules even contradict each other.Under this background,the intellectual property rules in the TPP agreement should be shipped.And students.The third part focuses on the specific analysis of the content of intellectual property rights in the TPP agreement.First of all,the 18 chapters of the intellectual property agreement are introduced as a whole.Through the analysis of the overall framework,it is deduced that the features of the intellectual property content in the TPP agreement are“advanced”.Comprehensive,universal and beautiful!"The fourth part mainly deals with the potential impact of the intellectual property provisions in the TPP agreement on China.First of all,at present,the current status of intellectual property protection,after30 years of continuous development and continuous improvement,the overall legal system of intellectual property rights is relatively complete.However,various problems have gradually emerged in practice,reflecting the existing legal loopholes in intellectual property in China.At the same time,we will make an overall introduction to the international intellectual property-related treaties to which our country participates.In the above-mentioned domestic and international contexts,once the TPP agreement becomes effective,its intellectual property provisions will have an impact on China's intellectual property legal system,foreign trade,and international treaties concluded and to be concluded.The fifth part is mainly about how to deal with the terms of intellectual property rights in the TPP agreement in the future of TRIPS and propose measures.First of all,the TPP agreement should take a positive attitude and cannot ignore or exclude its existence.Regarding the advanced rules of intellectual property rights in the TPP agreement,it actively responded and made appropriate adjustments in accordance with the domestic political and economic environment.Try to establish a public service mechanism for overseas intellectual property enforcement measures and respond to domestic enterprises' unfair treatment overseas through legal protection.Strengthen the right to formulate international rules for intellectual property rights,actively participate in the formulation of international rules,establish FTAs ? ? in the Asia-Pacific region,and hedge against the possible impact of the relevant provisions of the TPP agreement.Conclusion China should take a rational view of TPP.We must not only dare to face its challenges,but also must seize opportunities.The domestic legislation can be promoted through the study of the agreement,and at the same time,it can participate in the specific negotiations of the TPP agreement as the maker of the rules rather than the executor.
Keywords/Search Tags:trans-pacific partnership agreement, TPP, TRIPS, intellectual property, influence
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