TRIPS协议第2条释评——TRIPS协议与四公约间的关系：以《巴黎公约》为例
A Comment on Art. 2 of the TRIPS Agreement —The Relationship between TRIPS Agreement and Four Conven-tions: Taking “Paris Convention” as an Example

TRIPS协议和《巴黎公约》等四公约间的关系关涉相关条款的诠释和遵守，但学界对此尚存在不同的观点。通过对第2条立法目的，并主要以《巴黎公约》为例，较为深入地探讨了TRIPS协议与该四公约间的关系。主要探讨了如下内容：TRIPS对该4个公约所肯定并强调的是其实体性条款，并对个别条款作了完善；四个公约缔结的总目的与TRIPS的总目的大相径庭；TRIPS第2.2条确认了其是个“巴黎–递增”协议和“伯尔尼–递增”协议；TRIPS协议是对《巴黎公约》的“扬弃”；WTO成员方对TRIPS协议和《巴黎公约》的协调遵守；第2.1条没有提及“本协议第一部分”的原因。TIRPS不是一部完整意义上的国际公约，而是对知识产权提供“公约递增/递减”保护的一体化工具。但在特定情况下，也规定了递减保护。不像第2.2条，第2.1条没有提及“本协议第一部分”是因为TRIPS第一部分的某些规定可能确实与《巴黎公约》条款间存在冲突，因此，赋予WTO成员在该方面遵守《巴黎公约》实体规定的义务将毫无意义。
The relationship between the TRIPS Agreement and the Paris Convention is related to the interpretation and compliance of relevant provisions, but there are still different views in the academic community. The relationship between the TRIPS Agreement and the four Conventions is explored in some depth through the legislative purpose of Article 2, mainly using the Paris Convention as an example. The following points were discussed: TRIPS affirmed and emphasized the substantive provisions of the four conventions, and improved individual provisions; The overall purpose of the four conventions is very different from that of TRIPS; Article 2.2 of TRIPS confirms that it is a “Paris-Incremental” and “Berne-Incremental” agreements; The TRIPS Agreement is a “renunciation” of the Paris Convention; Coordinated compliance with the TRIPS Agreement and the Paris Convention by WTO Members; Clause 2.1 does not mention the reasons for “Part I of this Agreement”. TIRPS is not an international convention in the full sense of the word, but an integrated tool that provides “incremental/decreasing” protection for intellectual property rights. However, in certain cases, regressive protection is also provided. Unlike Article 2.2, Article 2.1 does not refer to “Part I of this Agreement” because “certain provisions of Part I of TRIPS may indeed conflict with the provisions of the Paris Convention, and therefore it would be meaningless to impose obligations on WTO Mem-bers to comply with the substantive provisions of the Paris Convention in this regard”.