Alternative Title

比较视域下的中美欧自贸协定知识产权规则 : —兼论“一带一路”背景下中国规则的发展

Publication Type

Journal Article

Version

publishedVersion

Publication Date

6-2019

Abstract

Intellectual property rules have played an increasingly important role in international trade. Due to the problem in multilateral negotiations, free trade agreements (FTAs) of the US and EU may profoundly shape the future of world intellectual property law. The article analyses the following questions: what are the Chinese, US and EU approach to intellectual property under FTAs? Will China develop its own FTA model on intellectual property? On the one hand, the US and EU have developed their FTA model and is featured with WTO-plus obligations and stringent enforcement. They largely converge despite differences in areas such as geographical indications. On the other hand, China has not developed its own FTA model on intellectual property, and largely follows the WTO norms. China may consider its own model. This requires a careful balance between right protection and public interest, and between legal transplant and rule innovation.

Discipline

Asian Studies | International Trade Law

Research Areas

Public International Law, Regional and Trade Law

Publication

Law Science

Volume

2019

Issue

2

First Page

107

Last Page

128

Copyright Owner and License

Authors

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