Study On China’s Participation In Construction Of Intellectual Property Rules Of Free Trade Agreements From The Perspective Of The Trips Agreement

With the accelerating pace of economic globalization and the increasingly frequent activities of scientific and technological innovation,intellectual property rights have become the core elements of international trade.It is a universal demand of all countries to realize the effective protection of intellectual property rights through the framework of WTO.TRIPS Agreement is the first international convention to comprehensively regulate the protection of intellectual property rights in international trade,which is of milestone significance.However,in order to maintain their intellectual property monopoly status,developed countries circumvented the WTO system to carry out extensive TRIPS-plus legislation movement on the grounds that the protection standard of TRIPS Agreement was too low,and deeply integrated TRIPS-plus provisions with the Free Trade Agreement（FTA）and expanded rapidly.The authority and validity of TRIPS Agreement are being challenged.China is both a defender of the WTO multilateral system of intellectual property rights,and an active participant in the FTA,therefore our country should balance the TRIPS Agreement and the FTA that the relationship between intellectual property rules,should be in a FTA to fulfill the basic principles of the TRIPS Agreement and the supplement and perfection of appropriately,To take the lead in the formulation and implementation of international intellectual property rules.The introduction part of this paper expounds the research background,purpose,significance,domestic and foreign research status and main research methods.The first part mainly studies the relationship between TRIPS Agreement and FTA,discusses the main characteristics of TRIPS Agreement and its mutual influence with FTA.The second part mainly studies the TRIPS-plus clauses that challenge the status of TRIPS Agreement and their expansion in the FTA,and analyzes the problems and challenges of TRIPS Agreement under the background of TRIPS Agreement.The third part mainly studies the development path of China’s participation in the construction of intellectual property rules of FTA in the past 30 years from the perspective of TRIPS Agreement,and makes a comparative analysis with TRIPS Agreement from the three aspects of general provisions,substantive provisions and procedural provisions,and points out the existing problems.The fourth part mainly combined with the intellectual property protection level and the economic and social development of our country actual situation,on how to further perfect our country in the framework of the TRIPS agreement in the FTA of intellectual property rules put forward rationalization proposals and feasibility scheme,for the next stage in our country how to build a high level and benefit equilibrium of FTA rules of intellectual property rights to provide references.