Study On Legal Issues Of Customs Protection Of Intellectual Property Rights In China

In recent years, with the rapid development of global economic integration and trade liberalization, the intellectual property plays a more and more important part in promoting economic development. Meanwhile, the number of the illegal gods of infringing intellectual property in the international trade is increasing. The World Trade Organization pays much attention to intellectual property protection in international trade, and the international community generally realizes that the implementation of intellectual property custom protection has become one of the effective methods for international intellectual property protection. This paper deals mainly with the custom protection of intellectual property rights which is closely related with the international trade. With comparative analysis and empirical analysis method, and based on the theoretically study of customs protection of intellectual property, this paper relates the scope, historical evolution, mode, and the concrete measures of customs protection of intellectual property of main countries in the world. And by comparing with these countries, this paper tries to find out the gap of customs protection of intellectual property between China and these countries, and puts forward some suggestions. This paper is divided into four parts:The first part elaborates on customs protection of intellectual property rights on the whole. Respectively it introduces the meaning of customs protection of intellectual property rights, the historical development of the implementation of customs protection of intellectual property in the domestic and overseas, and the natures and important meanings of customs protection of intellectual property in China.The second part analyzes the customs protection of intellectual property rights system overseas. On one hand, this part explains the background, the protection scope, the procedure and pattern of The TRIPS Agreement. On the other hand, this part evaluates the customs protection of intellectual property rights system of the European Union, the United States and other major developing countries from various aspects to find out what we can learn from them.The third part discusses the customs protection of intellectual property rights system in China. On one hand, this part analyzes the present situation and the specific legal system of customs protection of intellectual property in China. On the other hand, through the comparison with the advanced customs protection of intellectual property rights system overseas and according to our country's customs enforcement practices, this part finds out the deficiency and problems of our country's customs protection by analyzing the statistical data of import and export infringement cases.The fourth part puts forward some suggestions for our country's customs protection of intellectual property rights. The first is to expand the objective scope of customs protection of intellectual property rights. Second, we can learn from that of American system to adjust our register system. Third, it is necessary to perfect the guarantee and counter guarantee systems. Fourth, we should build parallel imports system as soon as possible. Finally, it is also necessary to perfect our country's import and export customs protection links.