Central European Comparative Study On International Trade In Intellectual Property Enforcement

With the undying development of economic globalization and the rapid circulation of intellectual property right (IPR) infringed products between countries, the protection of IPR in international trade has become the important part of the IPR protection system. It is generally believed that China has already established an IPR system which is accorded with the requirement of TRIPS while serious problems still exist in the law enforcement. Therefore, the study on enforcement of IPR law is rather necessary. The IPR law enforcement in China and the European Union is discussed systemically in comparative study method in the dissertation in order to propose suggestions on perfection of IPR system.In the first part, the definition, structure and importance of IPR law enforcement in international trade are presented. Then the theme of the dissertation is introduced: What state is China's IPR law enforcement in? What shall we do to improve it? In the second part, a general introduction of IPR law enforcement of China and European Union is provided, mainly on legislations and procedures.In the next part, the characteristics of IPR law enforcement of China and European Union are introduced in detail. The causes of these characteristics are also presented. Further analysis and argument on these characteristics are mainly based on the relating regulations in the field. In the last part, the legislative suggestions on China's IPR law enforcement are proposed, based on China's specific circumstances such as economic state, legal and cultural traditions, etc. The most remarkable features of the dissertation are:(1) The comparative method taken in the dissertation. Comparison is made between the IPR law enforcement systems between China and European Union expecting to find out the differences between the two systems and the causes for these differences.(2) The dissertation is focused on the procedural system of IPR law enforcement in international trade, the substantial rules of IPR law is not discussed here.(3) The proposal of changing the present IPR law enforcement mechanism into a judicial-dominated mechanism. The IPR law enforcement mechanism China should take is a controversial issue in legal academic field.(4) With the intention to improve China's related legislation and judicial practice, thedeficiencies of China's present IPR law enforcement system are pointed out based on the comparative study on the IPR law enforcement system between China and European Union, and legislative proposals are presented in the dissertation.