Improving China's Intellectual Property Legal System in the Context of High-Level Opening-Up——A Perspective Based on the CPTPP Intellectual Property Provisions
A high level of opening up to the outside world entails broader,deeper,more proactive,and safer engagement,representing an advancement over previous efforts in both quality and impact.This new phase of opening up is grounded in systematic reforms,with high-standard economic and trade agreements,such as the CPTPP,leading the way in setting new global rules.China has already made significant progress in system-based opening and will continue to actively participate in high-level international trade and investment agreements,reflecting its commitment to this process.A comparative analysis of the relevant laws of the CPTPP and China's existing legal framework in four areas—trademarks,copyrights,patents,and the enforcement of intellectual property rights—reveals certain discrepancies.In the trademark domain,China has yet to establish regulations for odor marks,provides insufficient protection for unregistered well-known trademarks,and faces potential confusion in the protection of geographical indications.In the copyright field,China's definition of reproduction rights is narrower than that of the CPTPP,there are disputes over the interpretation of broadcasting rights and communication rights through information networks,and the protection term is shorter than that of the CPTPP.In the patent field,China's implementation of the 1991 UPOV Convention,as required by the CPTPP,shows deficiencies in the strength,mode,and scope of protection,with the grace period for novelty and inventiveness failing to meet CPTPP standards.Furthermore,issues persist with the clarity and scope of China's border law enforcement,criminal procedures,and penalties.The CPTPP offers valuable guidance for enhancing China's intellectual property rights(IPR)system.By making appropriate adjustments to its legal framework at both the legislative and enforcement levels to align with the CPTPP,China can further improve its IPR legal system,thereby advancing its high-level opening-up strategy.
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