The Research On The Border Rules Of Intellectual Property

The border rules of intellectual property involves rules that take intellectual property goods as their object, and are laws related to import trade. Its structure can be classified by different objects and different legal sources. The former contains the management of the goods that infringe intellectual-property rights and the requests for the Parallel Imports, and the latter is composed of sources of national law and sources of international law. It is very necessary to legislate for such kinds of goods and trade, and this necessity concentrates on legislation for the goods which infringe intellectual property. Some developed countries and regional organizations have enacted corresponding rules, such as U.S.A, Japan, the European Union and its member countries-U.K, France, etc. The clause 1337 of American Code is one of the most typical and affective clauses.Since there is no definite clause on Parallel Imports in neither the initial international convention on intellectual property nor the new signed TRIPs, the border rules of intellectual property in parallel import are mainly stated in relevant national laws of each country. It is gratifying to see that China has enacted corresponding border rules on intellectual-property with the developed countries and, furthermore, made suitable legislation in the light of local conditions.However, China is still in its infancy of legislation on the management of the goods that infringe intellectual property. And there are shortcomings in its enacted and amended regulation, the Regulations on the Protection of Intellectual Property by Customs. Therefore, China should take advantage of the clause 1337 of American Code actively, especially on the analysis of its condition as well as basement for legislation, and compares its legislation with that of China in order to improve Chinese current laws of intellectual-property according to the national conditions.