A Study Of CPTPP Intellectual Property Rules And China’s Countermeasures

Formally taking effect in 2018,Comprehensive and Progressive Agreement for Trans-Pacific Partnership(CPTTP)covers extensive and comprehensive higher-standard intellectual property,which is also an important chapter of this agreement.As the CPTPP intellectual property standards are much higher than those in Agreement on Trade-Related Aspects of Intellectual Property Rights(TRIPs)stipulated by the World Trade Organization,they are called TRIPs-plus articles.With the promotion by the developed countries,the CPTPP intellectual property rules and similar rules of Free Trade Agreement(FTA)have gradually raised the level of international intellectual property protection,and therefore CPTPP represents the development trend of international intellectual property to some extent.In this background,China formally submitted the application to join CPTPP in 2021.Though CPTPP suspends 11 high-standard articles of Trans-Pacific Partnership Agreement(TPP),there is a gap between China’s intellectual property legal system and the CPTPP rules.To successful connect China’s rules with the CPTPP rules,it is necessary to conduct comprehensive research on the CPTPP texts to find out the gap and work out the countermeasures.The present article firstly interprets the CPTPP intellectual property texts in detail,combs its substantive and procedure laws and analyzes the suspended articles of the TPP,given the possibility that USA will join this agreement again in the future.Secondly,by using comparative analysis method,it compares China’s intellectual property legal system with the CPTPP rules to summarize the gap and the weaknesses,and analyzes the necessity for China to accept some high-standard articles.Finally,in the background of making preparations for joining CPTPP,it suggests the countermeasures from four perspectives,namely,improving China’s intellectual property legal system,strengthening China’s discourse right of stipulating international intellectual property rules,establishing pilot cities in domestic free trade areas,and raising the self-independent innovation and intellectual property risk awareness of enterprises.These countermeasures can help explore the intellectual property development direction in conformity with China’s conditions and better respond to the challenges posed by the CPTPP rules.