美国FTA中的TRIPS-Plus条款研究国际法学专业毕业论文.docxVIP

Abs Abstract 西南 西南政法大学硕士学位论文 As the negotiation of the WTO multiple trading system was hindered, the developed countries and districts, represented by the US and the EU, are transferring the forum for negotiations to promote their trade strategies continuously in the background of bilateral system. Although TRIPS is the most comprehensive international conventions in the field of intellectual property protection under the multilateral system. However, due to the long-term irreconcilable contradictions and disputes between the countries in the south and north, TRIPS is also the product of interests game between the countries in the south and north, and Whether developed countries or developing countries are not very satisfied with it. While, in order to maintain the core benefits of their states, to execute a high-standard protection of intellectual property right, to achieve the global strategy of intellectual property right, the developed countries and districts, especially the US and the EU, tried to carry out the high-standard protection of intellectual property right through bilateral trade agreement, thus emerged the TRIPS-Plus clauses. As the rapid development of the FTA in recent years, the TRIPS-Plus, depended on the FTA, is expanding vigorously. This adds much pressure to the protection of intellectual property right in developing countries virtually. China, as the largest developing country among WTO members, the possibility of encountering appeal and challenge of the TRIPS-Plus in the future negotiation of the FTA can not be excluded. This paper studies the TRIPS-Plus clauses in the FTA of the US by summarizing and analyzing the generation, development, main points and features of such terms to reveal its profound influence on developing countries and the US respectively, thus puts forward some countermeasures to China on the negotiation of FTA intellectual property right in the future. The present paper consists of five sections. The first section genera