Study On The Expansion Of TRIPS-Plus Agreements

Agreement On Trade-related Aspects of Intellectual Property Rights(TRIPS)set the basic standards for the protection of intellectual property rights among the world.However,the protection standards of TRIPS set can't satisfy developed countries' need.Thereby,developed countries such as United States(US)and European Union(EU)have begun to adjust the international intellectual property policy to implement the strategy of globalization of intellectual property protection domestic standards through bilateral or multilateral investment or trade treaties which contain the higher and broader TRIPS-plus terms than the TRIPS driven by the interest groups of transnational enterprises.TRIPS-plus agreements require member states,especially developing countries,to give up the flexible policy in the TRIPS agreement and give strong protection to foreign intellectual property rights,increasing the cost and burden of law enforcement in developing countries,neglecting public health and economic development in developing countries.TRIPS and relevant international conventions allow member states to conclude the higher and broader agreements than TRIPS,which is legal basis of the existence and expansion of the TRIPS-plus agreements in conjunction with Art.41 of the Vienna Convention on the Law of Treaties.However,with the further expansion of TRIPS-plus agreements,some unreasonable clauses that violate the purposes and principles of the WTO and TRIPS appears,which aggravates the conflict of law andimpeded the liberalization development of legal trade.Furthermore,it breaks the interests balance system and unified rule system established by developing countries.The improvement of the protection standards of international intellectual property rights is an inevitable trend with the development of economy and technology.With the change of economic situation and technology,the original international rules and standards can't meet the higher requirements for the content and form of intellectual property rights on the new stage.Although the expansion of the TRIPS-plus agreements seriously damage the sovereignty and economic interests of the developing countries and destroy the legal order of the traditional international intellectual property protection,it has improved the standards of global intellectual property protection worldwide invisibly and force member states to take responsibility of protecting IPR against infringements and fighting against counterfeit goods.The TRIPS-plus agreements make the principled terms and flexible terms specific,unifying the rules of IPR worldwide to a great extent.The TRIPS-plus agreements form a new form of the reform of the IPR protection system gradually.Although the legal system of IPR in our country is in the lead level,the law enforcement and supervision of IP have still to be strengthened.With the continuous development of our country's economy,it is an inevitable requirement of economic development to participate in the negotiation of the TRIPS-plus agreements for Safeguarding national interests with the development of economy.