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Excessive To Moderate

Posted on:2009-05-24Degree:MasterType:Thesis
Country:ChinaCandidate:J WangFull Text:PDF
GTID:2166360272489851Subject:Law
Abstract/Summary:PDF Full Text Request
As per tech factors pay more and more effort in the international trade, all countries begin to notice the Customs protection of Intellectual Property Right (IPR). China's Customs protection of IPR take off late, but developed rapidly in a short period. However, for the block to the domestic industry and export inevitably occurred, the dispute of whether the present protection is appropriate appeared.Though this point, we make the research by comparative and analytical methods: According to value criteria, the Customs protection of IPR should be baised on fair, justice and the balance of behalf and we are not obliged to a high level protection; According to realism, the present protection go to an excess. Futherly, the conclusion is made: we should built a appropriate protection method based on the domestic circumstance, not wholly back up the way of western contry, to make the international trade fair and justify. By this view, we give solutions to six issues: the scope of the customs protion of IPR, the export inspection system of the customs protection of IPR, the criminal liability of the tort, the liability of OEM, the liability of parallel import, the effectiveness of compromise.
Keywords/Search Tags:intellectual property right, customs protection
PDF Full Text Request
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