CPTPP Intellectual Property Border Measures And Its Impact

As the content directly related to trade in intellectual property legislation,along with the increasing quantity of goods infringing intellectual property rights in international trade,the standard of intellectual property protection has gradually evolved into a prominent problem in national legislation and many free trade agreements.To this end TRIPS for the first time into the intellectual property rights border protection content,but developed countries are not satisfied with the agreement in the scope of protection and protection of the "minimum" standard,in the WTO 、 WIPO（World Intellectual Property Organization）and other multilateral institutions to seek high standards of intellectual property protection,through the "institutional transfer" way in bilateral FTA and To expand the types of intellectual property rights applicable to border measures at the level of plurilateral agreements,to reduce the standards for initiating border measures,to expand the scope of information disclosure by cargo owners,to develop border protection measures consistent with the level of development of their domestic intellectual property rights,the Anti-counterfeiting Agreement（The Anti-Counterfeiting Trade Agreement,hereinafter referred to as "ACTA"）,the Comprehensive and Progressive Trans-Pacific Partnership Agreement（Comprehensive and Progressive Agreement for Trans-Pacific Partnership）,new free trade agreements,such as "CPTPP",are representative international trade agreements for the implementation of border measures to enhance intellectual property rights under the" strategic transfer "system.CPTPP,as a large-scale free trade agreement in the Asia-Pacific region,its intellectual property border measures provisions have developed into new international standards for intellectual property border protection,the provisions of intellectual property border measures in the agreement favour the interests of intellectual property owners,breeding new trade protectionism and non-tariff barriers,causing most developing and developed countries to formulate rules related to border measures "Interest hedging ".With the development trend of more and higher standards "TRIPS-plus" clauses in international protection of intellectual property developing country in WTO,it is necessary to analyze the provisions of CPTPP intellectual property border measures with higher standards of CPTPP agreement protection,and to better deal with the impact of the TRIPS-plus"provisions of intellectual property border measures in CPTPP on China’s economic andlegislative levels.This paper introduces the development trend of high standardization of CPTPP intellectual property border measures,analyzes its causes and new characteristics,and draws the problems caused by the development trend of high standardization of intellectual property border measures in the comparative analysis with international representative intellectual property rights border protection CPTPP that is,from the perspective of breaking the balance between intellectual property rights holders and public interests established by TRIPS agreements and the hidden barriers to foreign trade of non-member countries,analyzes its reconstruction of the existing international intellectual property protection system,And finally proposed that China the countermeasures that should be taken.The article is divided into four chapters:The first chapter mainly discusses the outline of CPTPP intellectual property border measures,from the definition of the concept of intellectual property border measures and other intellectual property protection measures,discusses the emergence of CPTPP intellectual property border measures and their causes,leads to the development trend of high standardization of intellectual property border measures and the characteristics of border measures in comparison with the previous international treaties.The second chapter compares the CPTPP of IPR border measures with the first TRIPS agreements that clearly define IPR border measures in the world,and the border measures provisions in ACTA agreements that reflect the level of intellectual property protection in developed countries,and concludes that CPTPP is a higher standard of"TRIPS-plus" clauses" in IPR border protection than in previous multilateral or regional trade agreements and the pursuit of maximizing the interests of IPR rights holders.The third chapter compares the intellectual property border measures in CPTPP、TRIPS agreement and ACTA three free trade agreements,and expounds the"TRIPS-plus" clauses" that lead to the imbalance of rights and the "north-south interest"hedging.The fourth chapter first puts forward the present situation of China’s intellectual property border measures,compares the legislation of China’s border measures with the content of the high standard clause of CPTPP border protection,that is,the "super TRIPS agreement ",and puts forward the countermeasures from the domestic and international levels,regardless of the interests of developing countries in the TRIPS agreement,as well as the hidden barriers caused by non-member countries and developing countriesrepresented by China in foreign trade.For the protection of TRIPS agreement has been formed under the intellectual property rights holders and...