A Study On The Issue Of Suspected Infringing On Intellectual Property Right In Shanghai Free Trade Area

After joining the WTO, China plays an important role in international trade which is showing his influence. At the same time, China to the global economic and trade dependence is also growing. When the developed countries try to establish something new outside the WTO, excludes the trade order. China must start to get rid of the previous passive choice, instead of proactive. China (Shanghai) Free Trade Area of the pilot is the first step to initiative in China.When China (Shanghai) FTA for use later, there will be a series of legal problems. Disputes of intellectual property rights will be larger proportion of the free trade area legal problems. As a result, the customs enforcement of intellectual property issues as key research object, it is very relevant to the current domestic actual situation. The author will analyze customs enforcement of intellectual property system in China, and compared with the European and American developed country, draw lessons from, finally put forward in the free trade zone in Shanghai customs enforcement of intellectual property rights system reform and innovation.This paper will be divided into four parts:the first part is the introduction. First introduced the thesis research background, in the premise of the rule of law and further promote the reform and opening up. the customs enforcement of intellectual property rights theory to analyze the background and practical background, led to the present problems in the process of customs enforcement of intellectual property rights in China. Then introduce the research status quo. respectively from Shanghai free trade protection of intellectual property issues, the problem of customs enforcement of intellectual property rights of our country and on our country’s intellectual property rights to introduce the status of the customs law enforcement issues. Finally the thesis is introduced to use three research methods:comparative analysis, empirical research method and literature analysis.The second part analyzes the Shanghai customs enforcement of intellectual property rights on some problems. First the present situation of the intellectual property problems of free trade zone of Shanghai is analyzed; Then, analyze the system of customs enforcement of intellectual property rights in China, with the free trade zone in Shanghai customs supervision system innovation; Finally leading to the customs law enforcement of intellectual property rights in China exists in the process of specific issues.The third part discusses the European and American customs law enforcement and the status quo. Respectively from the United States and the European Union is analyzed to introduce the two different countries, respectively, after introduction of the United States and the European Union system, analyses the system enlightenment on improvement of customs enforcement of intellectual property system in our county.The fourth part from Shanghai free trade zone to create unique customs enforcement of intellectual property system put forward two Suggestions:One is on our country’s regulations on’customs protection of intellectual property rights’, putting forward is given priority to with the customs administrative supervision, as a new idea of free trade area court judicial relief is complementary; The other is a reference to the EU’s simplified law enforcement procedure, the introduction of free trade zone in Shanghai, improving the efficiency of the free trade zone in Shanghai customs administrative law enforcement.