China Customs Ipr Legal Protection Of A Number Of Issues

At present, in order to maintain normal trade order and to curb unfair competition, many countries are strengthening the legislative and judicial protection of intellectual property. Furthermore, the administrative protection of intellectual property is gradually being increased. China has joined the World Trade Organization, has committed herself to fulfill the relevant WTO agreements. Faced with China's double-digit annual economic growth and export trade in an annual rate of 17.7%, China Customs is facing up to the challenges of close supervision and convenient trade. Customs protection of intellectual property is also experiencing new opportunities and challenges. It's becoming increasingly important to be a core part of administrative protection.Customs is confronted with several important issues on protection of intellectual property, which are consisted of the reasonably definition the scope of customs protection, effectively improvement on the customs administration and enforcement of rationality and accuracy, and encouragement of healthy and orderly development of foreign trade. There exist lots of problems in the current enforcement process, such as identification on tort of bits of commodity posted or carried on, too many principle provisions, the lack of maneuverability, no clear legal regulations on infringing of "brand-export" product, various judgment results, settlement agreement between consignor and oblige, application of new mediation system as well. This paper focuses on source of Customs Protection of Intellectual Property laws and its current protection status, analyzes some typical problems, and describes the author's thinking of protection status. It also makes some constructive suggestions on the basis of the usage of the experience of other countries for referenceThis paper is divided into three chapters, as follows:The first chapter describes general system of Customs protection of intellectual property. As the State's organ for controlling the entry into or leave from the Custom territory, customs is the most powerful institutions to protect border intellectual property.Only trademarks, patents, copyrights, Olympic symbols and the World Exposition symbols are within the scope of customs protection. The state has twice amended "Regulations on Customs Protection of Intellectual Property Rights" in order to fit in the economic development. On the third section of the first chapter, the author analyzes the important similarities and differences between the two amendments. Through such comparison, it is clear to see the changes in law enforcement.The second chapter analyzes several hot points on the current field of customs protection of intellectual property rights in theory and practice. It is focused on such as the identification on tort of bits of commodity posted or carried on, legal difficulties on infringing of "brand-export" product, the embarrassment of the holder failing to record his rights, the definition of the protection scope, conflicts on laws and penalties application, and so on. All of these problems are outstanding ones in enforcement practice. Through the discussion and analysis, the author put forward her thinking and solution on these problems.The third chapter reviews foreign legal system on customs protection of intellectual property, and tries to put forward the construction and improvement on the state's legal system of customs protection of intellectual property. The author compares the laws of foreign customs protection of intellectual property, especially that of the US, Japan and the Europe Union. We should learn the legal system on customs protection of intellectual property from other countries. It offers valuable reference for us in making laws, especially in comparison with the similarities and differences of the relevant legal provisions. The paper propounds some suggestions in three main areas, the building of simple protection procedures, enhancing external cooperation with other experts in the field of plant or patents, expand the scope of customs protection.Research methods used in this paper are:Firstly, the standard analysis method, empirical research on existing laws, regulations, policies of customs protection of intellectual property, such as "Regulations on Customs Protection of Intellectual Property Rights", "Customs' implementation method of< Regulations on Customs Protection of Intellectual Property Rights> " and so on. Analysis on the key provisions of the various amendments before and after, and the law enforcement conflict in the context of its practice.Secondly, the empirical analysis method, takes the practical problems encountered for instance, analyzes the drawbacks and shortcomings under the current legal system, sums up experience and enlightenment, offers constructive solutions, in order to make some optimization and improvements on the existing customs protection of intellectual property.Thirdly, the comparative analysis method, presents schemes suitable to China Customs through the comparison of foreign customs laws of intellectual property protection, from the view of sources of law, principle of legislation, enforcement procedures, forms of protection and many other aspects.