TRIPs协议竞争规则研究

Research on the Competition Rules of TRIPs Agreement

许多人认为 WTO中缺乏完整系统的竞争规则体系 ,当然 TRIPs协议也就不能例外。本文认为由于知识产权制度保护的客体——即智力成果所具有的特殊性 ,使得知识产权制度最初产生的目的即是为了规范市场竞争行为 ,其制度本身即具有竞争规范的作用。因此 ,作为目前最重要的知识产权保护公约的 TRIPs协议 ,自然也在规范与知识产权有关的竞争活动中具有重要的作用。本文分析了 TRIPs协议中竞争规则的主要特征 ,对 TRIPs协议中主要竞争规则进行了简要的介绍并进行了评介 。

Many people think that WTO lacks of a complete system of competition rules so that the TRIPs agreement could not be the exception. But this essay holds that since the primary purpose of intellectual property rule is just to standardize the market competition behavior, the rule itself does have the function of competition standardization. Therefore, it is sure that TRIPs agreement acting as the current most important protecting convention of intellectual property surely plays an important role in standardizing the competition activities related to intellectual property. In this paper, the author analyzed the essential characters of competition rules of TRIPs agreement, and also made a brief introduction and comment on the main rules of the agreement. The author finally gave his suggestion of countermeasure, which he thought the state should adopt at the near present.