A Research On The Flexible Clauses Of Agreement On Trade-related Aspects Of Intellectual Property Rights

Agreement On Trade-Related Aspects Of Intellectual Property Rights is the mostwidely used protocol by the international community in the protection of intellectualproperty. The flexibility clauses have some important influence on law to thedeveloped country members and the developing country members, was set up in orderto balance the interests of the members. In the knowledge-based economy today, theinternational society for TRIPS agreement attention more and more high, Clearing thecontents of the TRIPS agreement flexibility clauses, Summarizing the TRIPSagreement flexibility clauses applicable experience are of great theoretical andrealistic significance to coordinate developed country members and the developingcountry members differences, to protect both parties especially developing countriesin the development of the members of the public interest and to promote economicand social progress. on these account, this paper will focus on TRIPS agreementflexibility clauses involves discuss series.In addition to the introduction, the full text is divided into five parts, more thanthirty thousand words.The first part TRIPS agreement flexibility clauses overview. Mainly analyzes theTRIPS agreement flexibility clauses and the relationship between the related concepts,clearing the flexibility clauses of two forms. The author through the Declaration OnThe Trips Agreement And Public Health of flexibility clauses paper content analysis,comparing with the TRIPS agreement exception clauses and TRIPS-plus clauses,concluded that the TRIPS agreement flexibility clauses have the basic characteristics.The second part TRIPS agreement flexibility clauses juridical logic analysis, inthis part, The author analysed the modern human society intellectual propertyprotection development the main theoretical path from the perspective of thephilosophy of law, and analysed the world intellectual property within the scope ofthe main differences from theory root.Then analysing the current two new problems:international intellectual property protection faces the progress of science andtechnology and human rights protection, Demonstrating the TRIPS agreementflexibility clauses’s justice and legitimacy.The third part, the empirical analysis of the TRIPS agreement flexibilityclauses,in this part, through the analysis of the present author submitted to the WTO dispute settlement mechanism of the cases, concluding that the international society inthe TRIPS agreement flexibility clauses for the current situation. on these basis,analysising the TRIPS agreement flexibility clauses in the application of shall abideby the rules of interpretation and summarizing the India and Thailand two developingcountries for TRIPS agreement flexibility clauses experience.The fourth part, the challenge and development of TRIPS agreement flexibilityclauses,in this part, on the one hand, the author analyzes the developing countries forTRIPS agreement flexibility clauses exist dilemma,on the other hand, the TRIPSagreement on the application of flexibility clauses new development prospects werealso been discussed. Contrapose the dilemma, the author analyzes the developedcountry members of different opinions and the emerging new problems.Contraposethe new development, based on the way in the agreement and the agreement of thetwo ways are analyzed.The fifth part, TRIPS agreement flexibility clauses under the terms of ourpractice and enlightenment.In this part, The author investigating the changes throughour country at present in intellectual property legislation and law modification,analyzes the using situation of TRIPS agreement flexibility clauses, According tointernational intellectual property protection in China and the development of thereality of the construction of the intellectual property rights, the author puts forwardsome opinions and Suggestions for reference to domestic intellectual property rightsprotection mechanism construction and participate in the international intellectualproperty rights protection mechanism structure.In the research method, this paper, by means of the comparison research method,historical research method, legal hermeneutics method and empirical research method.In understanding the concept and basic features the TRIPS agreement, using thecomparison research method, objectively and comprehensively analysis the TRIPSagreement flexibility clauses and other similar terms and conditions of therelationship, understanding the connotation of the flexibility clauses defined in thispaper, on juridical logic analysis of TRIPS agreement flexibility clauses, the authorhas used the method of historical research, took a simple objective carding andsummarized since the modern times of intellectual property protection pathdevelopment,and has also carried on the objective and detailed analysis thecontemporary intellectual property rights to the international protection of the newsituation and new challenge, can understand more thoroughly for the developed country members and developing country members in the protection of intellectualproperty differences. Because of the TRIPS agreement in the application of flexibilityclauses in the international community is not influential model,this paper analyzed theTRIPS agreement flexibility clauses apply on the use of a legal hermeneutic methodsand empirical analysis method, through the legal hermeneutics method for flexibilityclauses for text analysis, the content of the clause、application condition beenclarified，through the empirical analysis carefully analyzed the Thailand and India’ssuccessful experience, these are easy to direct objectively perceived the internationalcommunity for the present situation of the flexibility clauses, helping our countrycould take example by related experience for reference in the TRIPS agreement forflexibility clauses.