Study On Legal Issues Of TRIPs-plus Clauses

With the era of Post-Trips arrival, developed countries such as United States (US) and European Union (EU) are attempting to promote high level Intellectual Property protection through bilateral or multilateral investment or trade treaties for the purpose of securing their fundamental interests in investment and trade profits. However, TRIPs agreement solely ascertains the minimum requirement for countries on Intellectual Property. Countries or regions like US and EU insert high level Intellectual Property protection clauses when signing Free Trade Agreements (FTAs) and Bilateral Investment Treaties (BITs) in investment and trade fields with developing countries, thus raising the standard of protecting Intellectual Property. Protection degrees on Intellectual Property in developing countries are potentially increased through TRIPs-plus clauses in bilateral or multilateral FTAs and investment treaties. Furthermore, these countries are confronted with a series of difficulties on high level of protection.As the largest developing country in the world at present, China is and will unavoidable be in the process of negotiations on bilateral or multilateral FTAs and investment treaties, of which the Intellectual Property clauses should be paid much attention to. China is expected to learn lessons from several developing countries on blind signing treaties containing TRIPs-plus clauses and stipulate intellectual property in a reasonable manner so as to guarantee the protection level stay in line with the development phrases of the country.This passage takes TRIPs-plus clauses as the objective to be analyzed, indicates their influences on international protection of intellectual property and China in the meanwhile, aiming to provide beneficial reference to China's participation in international protection and phrasal policy making on domestic Intellectual Property protection. Chapter one is the historic background of the birth of TRIPs-plus clause, which introduces the establishment of Intellectual Property international protection standard, the status quo of Intellectual Property protection in post-TRIPs agreement era , as well as the Confrontation between South and North in Intellectual Property protection. Based on the current FTAs and BITs, chapter two analyzed the forms of TRIPs-plus clauses, taking FTAs and BITs signed by US and EU members as examples. Chapter Three explores legal issues of TRIPs-plus clauses. The passage compared TRIPs-plus clauses with TRIPs agreement on basic requirement, protection level of trademark, copyright and neighboring right, patent right, other substantial right, enforcement in Intellectual Property protection and transit period. Chapter four is the influence and illumination of TRIPs-plus clause on China. After reflection on China's current Intellectual Property protection states, the passage elaborates TRIPs-plus clauses' illumination on China's Intellectual Property protection and bilateral treaties signed or to be signed by China.