Research On The Application Of TRIPS-plus Expansion

As the Agreement on Trade-Related Aspects of Intellectual Property Rights(TRIPS Agreement)has been controversial since its inception,the extent to which intellectual property protection is the most appropriate standard of protection has been an international challenge.Under the framework of the world trade organization agreement on trade-related intellectual property rights(TRIPS agreement)from the beginning of the birth,The provision sets down minimum standards for intellectual property protection for a variety of considerations,which does obviously not serve the interests of the developed countries,led by United States.Therefore,even if TRIPS agreements are in force,developed countries have never stopped in their quest to raise standards for intellectual property protection whereras developing countries consider the differential protection of intellectual property rights to be the most appropriate criterion,taking into account the different stages of economic development.This has led to the transform of developed countries from the multilateral system to the bilateral,regional and plurilateral cooperation,including Free Trade Agreements(FTAs)under the bilateral regime which are the most widely used and become an important tool for developed countries to raise standards for intellectual property protection;Besides,they also accession intellectual property provisions in their Bilateral Investment Agreements(BITs).All in all,A TRIPS-plus provision is the application of those higher standards provisions of intellectual property protection,dominated by developed countries.As the basis for the formulation of TRIPS-plus provisions,the flexibilities of TRIPS Agreements support member states to conclude higher-standard and broader intellectual property protection agreements subject to the agreement,gaining international legitimacy and universally applicable in international trade and investment agreements.This to some extent leads to the dilemma of competing protection of international trade and investment agreements and intellectual property treaties,thus breaking the balance established by intellectual property treaties between private protection and social well-being.Developed countries hindered the promotion of global economic and trade integration.for their own selfish desire.At present,the expansion trend of TRIPS-plus provisions in international trade is becoming more and more obvious,and its legitimacy and applicability are urgent problems for developing countries.On the one hand,the improvement of intellectual property standards may improve the system of intellectual property protection,On the other hand,it may put pressure on developing countries and make intellectual property become a monopoly tool in developed countries if the protection standards exceed the necessary limits,Clarifying the nature of TRIPS-plus provisions is an important task for developing countries to engage in international economic and trade activities.TRIPS-plus provisions shall not be expanded to be biased but rather take into account the common issues of human social development.This essay takes TRIPS-plus clause as the research object and analyzes its expansion motive and application through the exploration of concept,the application in practice and its influence.On the basis of dialectical analysis of the advantages and disadvantages of the TRIPS-plus clauses,revelent suggestions and strategies are put forward for the attitude and position of our country to deal with the expansion of the TRIPS-plus clauses in international economic and trade.As the development of the international economy and technology,the improvement of intellectual property standards is an irresistible trend.China shall actively invest in the formulation of TRIPS-plus and play a major role in the process of the coordinated development of intellectual property protection and human society.