Study On Intellectual Property Rules In TPP And Its Enlightenment To China

With the development of the information era,intellectual property rights play a more and more prominent role in economic development.The developed countries led by America and the European Union have advanced science and technology as well as rounded IPR protection system.In order to maximize the interests of their own intellectual property,they actively establish and promote intellectual property protection of high standard.The Trans-Pacific Partnership Agreement obtained the final negotiations in October 2015 after 5 years of discussion,which marks a new international agreement accounting for 40%of the total global economy was reached.Intellectual property has been a great concern from the very beginning.Compared with the TRIPs Agreement and ACTA,TPP protocol strengthened the protection of digital intellectual property rights and extended the duration of protection of copyright in the field of copyright.And TPP protocol not only expanded the scope of protection of trademark incorporating “smell” into trademark,but also strengthened the protection of domain name,geographical indications and well-known trademark.What's more,IPR law enforcement rules were relatively strengthened;additional compensation system of civil remedies was formulated;the threshold of criminal sanction was lowered;the application of border measures was expanded to import,export and border.All these terms have reflected the latest development trend and the highest standard of today's global IPR protection.The protection of intellectual property rights in China features late start and rapid development.China's intellectual property protection level increases rapidly since joining the world trade organization.The intellectual property rights part of the free trade agreements that China signed with neighboring countries also reflects a growing trend of high standards of protection.In the face of the pressure brought by TPP intellectual property rules and the current situation of our country,there is still a gap between Chinese legal system and the relevant provisions of TPP.We must be careful and rational about these differences so as to better deal with the development trend of intellectual property rights protection and safeguard people's interests.