条约法视野下对TRIPS协议的反思

近年来,美国多次指责中国等发展中国家没有充分执行TRIPS协议,中国不得不为自己辩护,坚决反对指责。为了解决这种纷争,本文力图从条约法角度分析和论证TRIPS协议缔结过程中发展中国家成员方的错误和被胁迫的存在,认为知识产权保护在实现统一化的同时必需照顾到多样化要求,否则,执行时将会遇到困难;并且主张在TRIPS协议执行过程中,少些指责,多些理解、同情和支持,才能建立起公正合理的国际知识产权法律秩序。

Reflections on TRIPS Agreement in Terms of Treaty Law

The United States has repeatedly blamed China and other developing countries for not fully implementing TRIPS Agreement,against which China has to defend itself and to which China expresses resolute opposition.In order to solve the dispute,this thesis tries to analyze and demonstrate the mistakes that developing members have made as well as the coercion under which they have been under in the process of the conclusion of TRIPS Agreement in terms of treaty law.Besides,it suggests that the demand for diversity has to be taken into consideration while the unity of implementing TRIPS Agreement is to be achieved otherwise difficulties are unavoidable in the process.Moreover,it also appeals for more understanding,sympathy and support instead of criticism when implementing TRIPS Agreement,only with which a fair and reasonable international intellectual property rights legal order can be built.