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Study On Legal Perfection Of Customs Protection Of Intellectual Property Rights

Posted on:2010-10-28Degree:MasterType:Thesis
Country:ChinaCandidate:Y J WangFull Text:PDF
GTID:2166360275953700Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years,with the progress and development of the international trade and the exchange of science and technology,international trade and intellectual property rights have been associated closely in an increasing speed,intellectual property rights has become a crucial element in a country's economic development.Intellectual property protection system has now become an important foundation involved in economic development and international competitiveness.Customs Protection of Intellectual Property Rights,known as the international protection of intellectual property rights of entry and exit,the border protection of intellectual property or border measures of intellectual property rights,in accordance with authority of national law,is the enforcement measures customs takes in the import and export aspects to suppress the goods or articles entering or leaving the country by violating the state laws and administrative regulations of law.Customs Protection of Intellectual Property Rights is of great significance for the legitimate and fair world trade and the development of intellectual property rights of all country.As the supervision and management authorities,in comparison with other government departments,Customs takes direct contact of infringement cases occurred in the import and export aspects,and also have the power and responsibility based on state laws and regulations of import and export of goods,transport equipment and passenger carrying items to check and deal with intellectual property rights to protect the legitimate rights and interests,and safeguard the normal order of import and export trade.As the Secretary-General of the World Customs Organization(WCO) has stressed,for Customs of all countries and regions the most important thing is to combat illegal import and export trade in the challenges brought about by new changes."Trade-Related Aspects of Intellectual Property Rights"(TRIPS Agreement) reached in the Uruguay Round of the GATT's is the first time to carry out border protection of intellectual property rights systematically in the international multilateral agreements and to provide a unique status in border customs protection of intellectual property rights.And all countries in the world has enacted to improve relevant laws,regulations and measures border in customs protection of intellectual property rights.For China,it is the inevitable requirement to fulfill its international obligations after China's accession to the WTO,and an effective way to safeguard the legitimate rights and interests of intellectual property rights,and a necessity to enhance China's international competitiveness and protect national economic security,and establish the modern customs system.Based on an in-depth understanding of Chinese Customs and Border Protection of intellectual property practice,the use of theoretical analysis,comparative analysis of the methods at home and abroad,the paper "Study on legal perfection of Customs Protection of Intellectual Property Law" brings forth the Chinese customs protection of intellectual property rights law,as well as problems-improving proposals.
Keywords/Search Tags:Intellectual Property Rights, Customs Protection, Legal Perfection, TRIPS Agreement
PDF Full Text Request
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