Research On Customs Protection Of Intellectual Property Rights

As the rapid growth of the international trade, the illegal international trade, which violates the intellectual property rights, is growing fast as well. The huge volumes of the illegal cases bring enormous damage to the international trade. The international society comes to the common point that the customs protection of IP is more and more becoming one of the effective methods to protect the IP across countries.It's mandatory for China to execute on customs protection of IP under the condition of joining WTO and implement international obligations. It's also the effective approach to vindicate the rights and interests of people with IP as well as developing our country's competitive capability in the international market. It is also the inner urge for China Customs to build customs system, deepen innovation and transfer the functions.This article briefly introduces the characteristics of the intellectual property as well as comparing TRIPS with "Intellectual Property Customs Protection of People's Republic of China" in details, it points out our gaps in the area of customs protection of IP as well as providing positive comments on the current practices that is reasonable and consistent with real situation & the intent of TRIPS. Meanwhile, it addresses the significance of implementing the customs protection of IP, objectively analyzes the current status & the main challenges we are facing on the basis of huge investigation of typical cases and lessons we learned during the implementation of customs protection of IP. At last, the author proposes some legislation suggestions to implement China's IP customs protection on different areas, like business secret protection, customs protection of original producing place names, restrictions on authority abusing, testimonyresponsibilities, etc.