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A Study On The Legal System Of Chinese Customs Protection Of Intellectual Property Rights

Posted on:2008-02-26Degree:MasterType:Thesis
Country:ChinaCandidate:J ShuFull Text:PDF
GTID:2166360215987307Subject:International Law
Abstract/Summary:PDF Full Text Request
The Customs protection of IPR refers that the Customs has the rightto stop the imports and the exports of cargoes infringing IPR according tothe national law in the frontier. The Customs protection of IPR is vitallysignificant to the fair development of the world trade and the protectionof IPR legally in many countries.The Customs protection of IPR came forth in some intemationaltreaties and expounded in the Trips Agreement. Many countries buildtheir correlative legal systems basing domestic status quos. This articledivides into four parts, in which reviewed the establishment anddevelopment of our country's Customs protection of IPR, compared ourborder control system to those of Trips Agreement, America, EuropeanUnion and the Hong Kong area, and objectively analyzed the presentsituation of our Customs protection of IPR. Through the analysis on thenew Customs Protection of Intellectual Property Rights Rule of People'sRepublic of China, we can find the problems exist in the process ofprotecting IPR by Customs. At length, this article proposes legislationsuggestion on our Customs protection of IPR system from differentangles unifying the classification system of cargoes, the guarantee andcounter-guarantee system, the parallel-import problem, the link-up of theprotective measures and the temporary measures, the excitationmechanism and the MOU system and so on, to construct relevant legalsystem which not only tallies with international practice, but alsoaccelerates the economic development.
Keywords/Search Tags:Customs protection of IPR, Frontier measures, Trips Agreement
PDF Full Text Request
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