Research On TRIPS Agreement And Border Protection Of Intellectual Property Rights In China

With the quick development of the international trade, the number of the international trade with the illegal cargo which involve the pirate of the intellectual property of the others also increases. All the countries of the world shift the emphases of the intellectual property protection to the administration protection, especially the border protection of the custom.Few people pay attention to the problem of intellectual property custom protection no matter from the basic principles of the intellectual property protection or from the enforcement in China, from the field of the administrative research or from the field of the research to the law of nations. China needs to do further improvement on the legislation and enforcement of the intellectual property to meet with the international society and perform the international duty with the request from the international society. This is necessary and stress for China which is establishing the market economy step by step. The intellectual property border protection is part of it. On one hand, our government need to comply with the TRIPS agreement, perform the duty of intellectual property border protection. On the other hand, the executor needs to research the situation, current problem especially the difference with TRIPS agreement of the intellectual property protection of the China custom from the situation of our country combining with the international agreement and the theories of the domestic relative law. By this, the executor can propose the countermeasure and suggestion of the improvement of the domestic relative law. So that, the law system of the intellectual property custom protection can be more perfect and better maintenance the national formal trade order and protect the obligee's legal rights and interests.Thus, the writer does quite deep, particular and general research on the current situation of the intellectual property border protection of the China custom basing on the fact of the intellectual property border protection of China Custom with the methods of theory analysis, case analysis and comparison analysis coming from the limited datathat had collected, arranged and analyzed. By the comparison with TRIPS agreement, the current situation of the intellectual property border protection of the custom of America, EU and Asia, the writer propose some improvement countermeasure and suggestion to the difference and the irreasonableness of the relative clause which concern to the problems appearing in the process of the enforcement of the protection to the parallel import, resound brand, and the process of the run of the criminal liability according to the dissertation of TRIPS agreement, the intellectual agreement about the intellectual property and the theories of the relative civil law, administrative law and criminal law of our country.