Reflections on the Legal Issues of China's Application of the Intellectual Property Rights Provisions of the CPTPP
By analyzing the differences between the intellectual property rights(IPR) provisions of the CPTPP and their corresponding provisions in China's IPR legislation, it is found that if the CPTPP enters into force in China in the future, China will need to apply the IPR provisions of the CPTPP which are different from the provisions of domestic laws, or which do not have corresponding provisions in domestic laws, or which correspond to the domes-tic laws of a lower order. The application of these provisions in China will face problems in three aspects: the way of entry into force, the decision-making process, and the path of application.In the way of entry into force, if the IPR provisions of the CPTPP enter into force domestically through the "transformation" method, it will be difficult to meet China's urgent need to join the CPTPP.In terms of decision-making on the application of these provisions, China's existing provisions on the domestic application of the treaty have a low level of effectiveness and are frag-mented, which may affect China's full implementation of its IPR obligations under the CPTPP. In terms of the application path, China's practice of prioritizing the application of treaties when domestic laws provide broader IPR protection is not in line with the CPTPP principle of national treatment in the field of IPR. In order to promote the accession process of CPTPP, China should consider "incorporating" the IPR provisions of the CPTPP into the domestic law, and should prioritize the application of the IPR provisions of the CPTPP as a principle, with the exception of the provision of broader IPR protection under domestic law.
CPTPPintellectual property provisionsdomestic application of the treatydirect applicationindirect application
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