CPTPP Intellectual Property Border Measures Rules And China’s Countermeasures

The birth of the Agreement on Trade-Related Aspect of Intellectual Property Rights(referred to as TRIPS Agreement)has established a unified standard for international intellectual property border measures.Developed countries through the transfer of places and other ways to implement TRIPS-Plus border measures.The Comprehensive and Progressive Agreement for Trans-Pacific Partnership(referred to as CPTPP)is the latest and most representative achievement in this aspect.CPTPP breaks the protection standard established by TRIPS Agreement,reflects the new developments and trends of intellectual property border measures,and will impact the existing unified system of international intellectual property border measures.CPTPP intellectual property border measures are the product of the continuous development of technical level,the promotion of interest groups in developed countries and the dilemma of TRIPS Agreement itself.CPTPP improve the protection standards while reducing the flexibility of application,and lack the system design to regulate the abuse of rights holders.CPTPP intellectual property border measures will have an impact on all parties: it will increase the law enforcement burden of developing member countries,bring the pressure of system adjustment and treaty conflict,and developed member countries will benefit from the high standards of border measures;The right to speak on border measures of non-member countries will be weakened,and strict protection standards may also hinder the development of legitimate trade;For the whole international intellectual property border measures system,CPTPP may upset the balance established by TRIPS Agreement and boost new multilateral rules.At present,China’s border measures system still has some shortcomings,such as not involving transit in the applicable links,high starting conditions according to the application,excessive burden of guarantee fees and unreasonable disposal measures.At the moment when China formally applied to join CPTPP,China should grasp the opportunity period of “joining the group” at present,and on the basis of China’s national conditions,improve the system of intellectual property border measures against the benchmark CPTPP,promote the strictness and convenience of law enforcement,promote “selective adaptation” to the rules of border measures that temporarily exceed the domestic intellectual property protection level,improve China’s right to speak in the formulation of international intellectual property border measures rules,so as to effectively respond to the challenges and pressures from the international community.