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多哈僵局中,发达国家推动双边与诸边自由贸易协定迅速发展,尤其是《跨太平洋伙伴关系协定》的达成及《跨大西洋贸易投资伙伴关系协定》等新谈判,不断推动贸易区域化趋势。这些自由贸易协定中大都包含“超TRIPS”标准的知识产权边境措施,赋予海关更大的自主职权且配以更模糊而灵活的判断标准,将更大范围的客体纳入边境措施适用对象,尤其是对过境货物也无条件适用。相关措施的不确定性及滥用的更大可能性给自由贸易及贸易便利化带来新的挑战。为应对这些挑战,中国应联合发展中国家抵制此类措施的发展,运用世界贸易组织争端解决机制否定过境货物的边境措施等相关措施在《与贸易有关的知识产权协定》和《贸易便利化协定》下的合法性,并通过自由贸易试验区试行有别于“超TRIPS”措施且符合我国利益的新的知识产权边境规则,以形成示范效应,支撑我国在贸易谈判中形成具体立场。
In the Doha stalemate, the developed countries have promoted the rapid development of free trade agreements between the two sides and the plurilaterals, especially the conclusion of the “Trans-Pacific Partnership Agreement” and the new negotiations such as the “Transatlantic Trade and Investment Partnership,” so as to continuously promote the trend of regional trade. Most of these FTAs include the “TRIPS” standard border measures of IPRs, which give the Customs more autonomy and authority with more vague and flexible judgments, and include a wider range of subjects in the application of border measures. In particular, it also applies unconditionally to transit goods. The uncertainty of related measures and the greater possibility of abuse have brought new challenges to free trade and trade facilitation. To cope with these challenges, China should co-operate with developing countries to resist the development of such measures and use the WTO dispute settlement mechanism to deny the border measures of transit goods and other related measures in the Agreement on Trade-Related Aspects of Intellectual Property Rights and the Agreement on Trade Facilitation The Pilot Free Trade Zone will try out a new frontier of intellectual property that is different from the “TRIPS” measures and in line with China’s interests so as to form a demonstration effect and support China in forming a concrete position in the trade negotiations.