The Impact Of The Reform Of Intellectual Property Rules In FTA On China's Export Trade And The Countermeasures

Intellectual property rules are increasingly penetrating into trade policies between countries.The change of intellectual property rules in free trade agreements(FTAs)shows the trend of TRIPS-plus,which means promoting high-level intellectual property protection within the framework of the international trade system and promoting efficient intellectual property protection supported by the dispute settlement mechanism.As a result,economic and trade frictions among countries have evolved to deep intellectual property competition.Trade disputes and trade barriers related to intellectual property rights in international trade continue to emerge.The trade war between China and America which broke out in March 2018 is ostensibly a trade dispute,but in reality it's the technological strength competition centered on intellectual property.Under this trend,the more severe intellectual property trade barrier brought by TRIPS-plus trend has become a realistic challenge for China's export trade.What is the trend of TRIPS-plus change in intellectual property rules of FTAs? What is the impact on China's export trade? How to deal with it? These questions have become new problems to be solved urgently in the field of international intellectual property rules.This research firstly tracked and analyzed 63 FTAs signed by major economies in the Asia-Pacific region from 2000 to 2018.It found that the intellectual property rules of FTAs are upgrading towards strong protection.The intellectual property rules of FTAs signed by China are far behind from the developed countries such as America and Korea in terms of text integrity and protection intensity.Secondly,this research constructs an evaluation index system of IPR protection intensity of FTAs.Based on the evaluation index system,evaluation and difference analysis of the protection intensity of intellectual property rules in 63 FTAs are carried out.Subsequently,this research constructs a gravitational model to study the empirical impact of IPR protection intensity of FTAs on China's export trade structure.It is pointed out that the inclusion of the intellectual property rules and the signing of the FTA has significantly increased the proportion of IP-intensive products in total export trade and optimized the structure of export products.The enhancement of IPR protection intensity of FTAs plays a more significant role in the optimization of export trade structure of developed countries.Finally,the research puts forward countermeasures from the perspective of government,industry and enterprise respectively,such as consummating the text of intellectual property rules of free trade agreement,strengthening the guidance for IPintensive industry planning,and constructing the risk warning and prevention system of enterprises,etc.The research has certain theoretical guiding significance and practical value for exploring the international protection of intellectual property rights in China's economic and trade in the new era,effectively dealing with intellectual property barriers in economic and trade friction,and promoting trade facilitation,liberalization and fairness.