Multilateral Treaties Of Intellectual Property Rights Rules Of Enforcement Development Trends And Coping Research

As economic globalization is becoming more and more deeply,the alleged infringement of intellectual property products in international trade in the spring tide flow speed,some developed countries the trend of strengthening the protection of intellectual property rights have become more and more obvious.The United States,the European Union,Japan and other developed countries spare no effort to promote the anti-counterfeiting trade agreement and the trans-pacific partnership agreement and other international multilateral treaty or agreement signed,prompting membership with TRIPS-plus the characteristics of the intellectual property law enforcement rules in civil law enforcement,border measures and criminal law enforcement greatly improved in such aspects as the requirements for the enforcement of intellectual property rights,formed a more conducive to the holder of the intellectual property right law enforcement rules.This paper focuses on the evolution of IPR enforcement rules to the multilateral treaty on treaty,summing up the development trend of intellectual property law enforcement rules and deal with problems,and puts forward some measures and Suggestions in the perspective of China.In addition to an conclusion,this thesis is divided into five parts.The first part examines the introduction,introduced this article selected topic significance,literature review,and so on and so forth.The second part introduces the comparative analysis of the evolution of international multilateral treaties under the enforcement of intellectual property rules,mainly to trips,ACTA and TPP compared to cut the entrance,analysis the similarities and differences of three multilateral treaties in intellectual property enforcement rules.The third part generalization the development trend of the law of intellectual property rights of multilateral treaties.Further expand foreign trade between the countries around the world,in the United States and other developed countries,driven by intellectual property with TRIPS-plus features of international multilateral agreement is signed,the rules of international intellectual property law enforcement will show the following trends: high standardized law enforcement rules,criminal protection to strengthen constantly,more emphasis on the interests of the protection of intellectual property right,digital network environment increase and improve law enforcement,"transit goods" as the customs border enforcement common object will be inevitable,and the resulting TRIPS-plus characteristics of multilateral treaties will be produced a lot of.The fourth part is about dealing with TRIPS-plus IPR enforcement rules are faced with the problem.TRIPS-plus features of enforcement rules are not best,and there are also some problems,reflected in the interests of obligee overprotection exist imbalances,China and other less developed countries in intellectual property rights now is difficult to adapt to high standard law enforcement rules,then the normal foreign trade will suffer some degree of disorder.The fifth part is about the measures.Although the ACTA,TPP with TRIPS-plus features international multilateral agreements have been signed,urging China to join international or alarmist rhetoric.Through comparative,found that our country is still not join with TRIPS immediately-plus international multilateral treaties or agreements.But according to the surge in the number of intellectual property rights in China and the status quo of the improving of the independent innovation ability,we should seriously study rules of law enforcement of intellectual property rights in China and the developed countries the gap between the intellectual property,pay close attention to ACTA,or apply to join the TPP signatory states the development and change of IPR enforcement rules,grasp the development trend of international intellectual property law enforcement rules,ready to cope with the international level and domestic level.Internally,to take a hard look at what to perfect our IPR enforcement rules,balancing interests balance,pay attention to the maintenance of various rights and interests,strengthening protection of intellectual property rights of the criminal,"judicial protection" leading role into full play.Abroad,adhere to the TRIPS standards to promote "+" China free trade agreement,all the way to promote area strategy article "China +" round of bilateral trade agreements signed,and gradually gain the initiative in international intellectual property law enforcement rules,establish a broader free-trade area,reduce the impact on the normal international trade of our country,finally,today's world is in close contact with the world,in order to better to join international negotiations,gradually adapt to TRIPS-plus enforcement rules,but also focus on based on the fundamental,continuously improve the level of capacity for independent innovation and intellectual property rights.