RCEP知识产权规则述评及对中国的启示

Analysis and Enlightenment of RCEP Intellectual Property Rules

RCEP知识产权规则以平衡性为立法原则,在尊重协议各方经济社会发展现状和法律制度差异的基础上,衡平各方权利和义务,全面提升了区域内知识产权水平,为国际知识产权规则提供了平衡、包容、平等的制度范本。TPP和CPTPP等知识产权规则显失公平和平衡,过于强调西方发达国家的利益和竞争优势,而欠发达国家和发展中国家只能被动接受不利于己方的知识产权规则。事实证明,TPP和CPTPP等知识产权规则在国际上行不通。通过评析RCEP知识产权规则,并从知识产权制度的本质出发,阐述我国现阶段应以RCEP为契机,逐步完善我国知识产权制度,推动创新驱动发展战略,建设创新型强国。

The RCEP IP rules take balancing as the legislative principle.On the basis of respecting the economic and social development needs and legal system differences between the Parties,the rights and obligations of all parties have been balancing in the IP Provisions.The level of intellectual property in the region are improved comprehensively,which provides a balanced,inclusive and equal system model for international IP rules.The obviously unfair and unbalanced of IP rules in TPP and CPTPP which place too much emphasis on the interests and competitive advantages of western developed countries,while underdeveloped countries and developing countries can only passively accept the IP rules that are not conducive to their own.TPP and CPTPP IP rules have been proved themselves to be unworkable in the world.By analyzing RCEP and starting from the essence of IP system,this paper expounds that China should take RCEP as an opportunity to gradually improve China's IP rules,to promote innovation-driven development strategy and build an innovative power.