Discussion On The Negativity Of TRIPs Agreement

The Agreement on Trade-related Aspects of Intellectual Property Rights (i.e. TRIPs agreement), one of the most influential international intellectual property right (i.e. IPR) conventions, requires a unified standard for worldwide IPR protection. Developing country Members have to amend their domestic laws and force to raise their levels of IPR protection to meet the requirement.From three aspects including the historical background, the present condition of conflicts between TRIPs agreement and developing country Members and the theory of IPR called a private right, this paper discusses reasons for causing negativities of TRIPs agreement and demonstrates that TRIPs agreement is an excessive IPR protection standard for developing countries, whose technologic and economic development, public interest and traditional resources have been detrimentally affected.After China's accession to the WTO, China amended and formulated many laws and regulations, which have met and even exceeded the requirement of TRIPs agreement. Now in China approval of TRIPs agreement is a main view, but gradually opposed opinions appear. In light of present conditions that TRIPs agreement has caused serious public health problems, the public interest nature of IPR and a series of international conferences, to amend standards of TRIPs agreement is necessary and probable.It is unfair that different countries should apply a unified IPR protection standard. Developing countries should base on their national conditions, orientate towards their IPR development and future trend and then apply to TRIPs agreement after amending it. China, a rising powerful developing country, should take the initiative in striving for an international voice for developing countries, promote integration TRIPs agreement with public interest and traditional resources. Meanwhile, China must improve specific regulations of the Patent law, the Copyright law and the Anti-trust law to cope with negativities of TRIPs agreement.