Intellectual Property Rules Of CPTPP And The Path Choice Of China’s Accession

Since the 2008 financial crisis,under the international background of the gradual rise of trade protectionism in western countries and the serious crisis facing the multilateral trade system of the World Trade Organization(Hereafter WTO),all parties are seeking effective ways to promote economic development.In a complex and volatile international environment,in order to expand China’s trade with other countries and avoid marginalization in the reconstruction of international economic and trade rules,President Xi Jinping expressed his view on joining the Comprehensive and Progressive Agreement for Trans-Pacific Partnership(Hereafter CPTPP)in November 20,2020 at the APEC informal meeting.CPTPP covers a wide range of topics,not only focusing on the traditional trade field,but also covering other issues related to trade and investment,with the characteristics of a giant free trade agreement.As an important chapter in CPTPP,intellectual property rights highlight the latest development trend of international protection of intellectual property rights in the world.Its protection standard is far higher than the Agreement on Trade-related Aspects of Intellectual Property Rights(Hereafter TRIPS)of the WTO,which has the nature of TRIPS plus.So far,the issue of intellectual property rights is still one of the most urgent issues for some countries to join the CPTPP.Based on the intellectual property chapter of CPTPP,this paper combs the text of CPTPP intellectual property clauses,interprets the high standard of CPTPP intellectual property rules from three aspects of shelving clause,substantive law and procedural law,and discusses the characteristics of strict protection.China wants to join the CPTPP.In the field of intellectual property,we need to study the specific differences between China’s intellectual property legal system and CPTPP’s intellectual property rules.This paper makes a comprehensive legal analysis of the intellectual property rules of the standard CPTPP on the relevant provisions of China’s intellectual property by using the comparative method;In the field of intellectual property rights,China’s entry into CPTPP should adopt different entry paths according to different categories of terms,such as fair terms,catch-up terms and distance terms;In China’s free trade zone,we should implement high standards of intellectual property,establish specialized institutions,and promote the good connection between CPTPP rules and domestic system;Strengthen the enforcement of intellectual property law and the level of judicial protection,and promote enterprises to improve their innovation ability and litigation ability;In order to promote China’s early and successful accession to CPTPP.Then we should improve the legal system of intellectual property,promote the further improvement of domestic independent innovation ability,and expand China’s discourse power in the international community.