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晚近以来美国大力推进自由贸易区战略,在自由贸易协定中设置了大量商标条款,在商标构成要素、保护范围、注册程序等方面提出了比TRIPs协议更高的保护要求,形成了商标权TRIPs-plus条款。这种以美国商标利益进行剪裁的条款,迫使缔约方提高商标保护水准并修改国内立法,有利于拥有众多品牌资源的美国公司不断拓展海外市场,并进一步掌握对商品和服务的垄断和控制权,而发展中国家则在公共健康、技术革新等领域日益受制于美国。
Since lately, the United States has vigorously promoted its free trade zone strategy and set up a large number of trade mark clauses in its free trade agreements. The United States has set higher protection requirements than the TRIPs agreements in terms of trademark components, scope of protection and registration procedures, and has formed the TRIPs- plus terms. This clause, tailored to US trademark interests, forces Contracting Parties to raise the standard of trademark protection and to amend domestic legislation to favor US companies with numerous brand resources to continuously expand their overseas markets and to gain further monopoly and control of goods and services, Developing countries are increasingly subject to the United States in the fields of public health and technological innovation.