Research On Some Legal Problems Of Border Measures In

Anti-Counterfeiting Trade Agreement (ACTA), a most representative document forintellectual property protection in the world after the TRIPs agreement, is the latestachievement of the international intellectual property protection, which makes greatprogress and innovation in many aspects including border measures, civil enforcement andcriminal enforcement. Based on the border measures, in this thesis, the author makesresearch into the content of the ACTA border measures, its deficiencies as well as itseffects on China. At the same time, on the basis of the research of the ACTA bordermeasures and combining with China’s situation, the author tries to study how to avoid thepotential negative effects of the border measures on China as possible as we can to protectChina’s foreign trade and improve China’s border protection system of intellectualproperty as well.There are three parts in this thesis, which are the introduction, the thesis body and theconclusion. The thesis body is divided into four chapters with about twenty-nine thousandwords.Chapter one is the introduction to ACTA border measures. Firstly, the authorexpounds the concepts and features of the border measures. Secondly, it is mainly aboutthe content and features of ACTA border measures. The author starts the analysis of theconcept, content and features of the ACTA border measures from the development historyof ACTA, and points out that the ACTA border measures, with relatively high standard,represents the intellectual property protection level of the developed countries.Chapter two is mainly about the comparison between the ACTA border measures andthe border measures of the TRIPs agreement. Firstly, the author summarizes thesimilarities of the two kinds of border measures and points out that they are similar in theaspects including the starting procedure, the goods guarantee and the remedy measures.Secondly, the author deeply analyzes the differences between them. Through thecomparison between the ACTA and the TRIPs agreement, we can see that they are greatlydifferent in these aspects such as the scope, the starting procedure, the form and duration of the guarantee, the legal remedy and the information disclosure. And finally, the authorconcludes that compared with the border measures of TRIPs, the ACTA border measureshave higher standard and more strict requirements.Chapter three is about the deficiencies of the ACTA border measures and its effectson the international community. Firstly, the author analyzes the deficiencies of the ACTAborder measures, for example, the law enforcement scope easily violates people’s privacy;the low application requirements are easily lead to the abuse of power; the remedy is notthorough enough; it is easy to infringe the business secrets; and there is high cost for thelaw enforcement. Secondly, the author discusses the international effects of the ACTAborder measures:1. it breaks the balance built by the TRIPs;2. it affects the tradeliberalization, and easily lead to the emerging of new trade barrier;3. it will bring abouthigh cost of law enforcement and affects the efficiency.Chapter four is the core part of this thesis: the effects of the ACTA border measureson China and China’s counter strategies. Firstly, it is about the evaluation of China’sborder measures system. The author analyzes the features and deficiencies of China’sborder measures in detail from the perspective of the general situation and the currentstatus. Secondly, the author expounds the potential impacts of ACTA on China, whichinclude the impact on the process of the foreign trade liberalization, the shock on thefoundry industry, easily passive infringement and easy detainment of the transhipmentcargo. Finally, the author illustrates China’s counter strategies from two levels includingthe government and the enterprise. From the perspective of the government level, thegovernment shall improve the border measures system, such as simplifying the startingprocedure, and optimizing the relief approaches and the guarantee system on the one hand;on the other hand, it shall also preserve the existing TRIPs system, for example, thegovernment shall prudently handle the ACTA and make the Intellectual propertynegotiations return back on the international track. While from the perspective of theenterprise, enterprises shall advance their capabilities of independent innovation,strengthen the awareness of intellectual property and prevent passive infringement.