Study On Customs Protection Of Intellectual Property Rights In China

The customs protection is one of the administrative protections of intellectual property rights. It means that in accordance with laws and regulations the customs provides protection to intellectual property rights related with import and export cargos. With the acceleration of economic globalization and trade liberalization, the quantity of illegal goods which infringe others' intellectual property rights has been increasing in the international trade. The customs plays a more and more important role in protection ofintellectual property rights. The customs protection contributes to the honor of our country, the popularity of our commodities in the international trade and the investment circumstances in our country. It is also an effective way of maintaining the trade order and protecting the rights of the holders of intellectual property. Theoretical study, comparative analysis and analysis of positivism are used in this article as studying methods. With the theoretical analysis of the foreign and domestic customs protection of intellectual property rights as a basis, the article compares our customs protection system with the relevant measures in Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS for short) . It also studies the backgrounds of torts of intellectual property rights and existing problems in our customs protection. In the end the proposals for improvement are put forward. The article is divided into three parts:The first part is devoted to the general theory of the customs protection of intellectual property rights. It is composed of the conception, foreign and domestic development of the customs protection of intellectual property rights, principles and important significance of the customs protection in our country, and the comparison between our customs protection system with the border measures in TRIPS.The second part focuses on the analysis on the status quo of the customs protection of intellectual property rights in our country. On the one hand, analyzing the cases concerning the torts of intellectual property rights which our customs has investigated and disposed, the author studies the backgrounds of torts from the perspectives of economy, consciousness and administrative system respectively. On the other hand, the author discusses the execution of our customs protection of intellectual property rights and points out the existing problems, including defects in our executive manner, the increasing pressure of improving the clearance efficiency, problems in the system of customs protection, lack of cooperation and communication with other institutions, customs in other countries and right holders, and facing more and more complex infringing means.The third part puts forward proposals for our protection of intellectual property rights, which may help the customs protection perform a more and more important function. Firstly, it is important to change our executive manner to promote the economic development. Secondly, our efforts should be made to improve the customs protection system. Thirdly, we should instruct the public to enhance their consciousness of intellectual property rights. Finally, we should ameliorate the executive measures, such as directing the enterprises to trade legally and honestly and innovate independently, deepening cooperation and communication, amending the declaration system, and strengthening the risk management in our customs protection of intellectual property rights.