Ipr Customs Protection

In the 21st century,intellectual property is very important to the development of economy and trade of a certain state.An all-round protective system has been built from civil and judicial protection to criminal protection as protections of intellectual property,which has been an important basis of the development of economy and the international competition of different states. With the development of international trade,the number of illegal commodities concerning the tort of intellectual property has also increased and it causes great losses to international trade.At this time, the custom protection of intellectual property is gaining more and more weight in its international protection.Custom protection of intellectual property is internationally acknowledged as boundary protection or boundary measures of intellectual property.It refers to the measures of protection of intellectual property by the custom of a particular state according to the laws in the import and export stages.The custom,as the administrative body for the inspection of commodities and persons across the boundary,participates more directly in the investigation and ruling of the torts happened at the border of a state.Its protection of intellectual property is believed to be more convenient and effective compared with other departments of that state.Custom protection of intellectual property is firstly systematic stipulated in TRIPS,and different states all around the world have issued and perfected the related laws and measures of custom protection of intellectual property.The custom protection of intellectual property is the natural obligation of China after her entry into the WTO and it is also an effective way of protecting the rights of the owners of intellectual property.It elevates our power in international competition and it is also the inner need in our building up of custom regulations,in our deepening of our reform and in our transformation of the governmental functions.Beginning with the basic theories of the custom protection of intellectual property and with the analysis of advanced practice and the development in the world,efforts have been made in this paper to study the existing problems in our custom protection of intellectual property.And the relevant measures for improvement are also raised.The structure of this paper is as follows:Part one dwells on the general study of the definition of concept, quality,range and function of the custom protection of intellectual property.The boundary protection of intellectual property has a broad sense and a narrow sense.Custom protection of intellectual property is the narrow sense of it.The boundary protection of intellectual property is usually referred as custom protection of intellectual property,and so is in this paper.Custom protection of intellectual property is mainly administrative protection,with criminal and civil protection as assistant.It protects bodiless property by the way of inspecting tangible commodities.Its range of protection includes copyright,trade marks and patents and it is gradually developed to include the designs of the chart of integrated circuits and outer designs,etc.The custom protection of intellectual property can stop the current torts and prevent the future ones and it also provides convenience for the application of civil compensation.Part two is devoted to the analysis of advanced practice and future development of custom protection of foreign countries (or regions).This study focuses on the custom protection in America, Japan and EU.Their custom protection presents the following characteristics:the procedure is simpler and the burden of the owner of intellectual property right is eased,the right and the obligation of the owner are balanced.At the same time,the development is that the custom protection is more and more important in the system of the protection of intellectual property and the regional and international custom protection is strengthened.Part three focuses on the discussion of the existing problems in our custom protection of intellectual property and the relevant measures for improvement are also raised on the basis of the expatiation of the history and actuality of China.After our entry into the WTO,we find that we are faced with new situations and tasks in our custom protection of intellectual property.We also witness the increase of the cases concerning the torts of intellectual property.The cases are found to be more professional and intelligentized. The enterprises and owners have faint awareness of protection of intellectual property.It seems that our current institution of the custom protection of intellectual property needs to be perfected.The institutional arrangement of the customs is unequal to the present situation and tasks.Our way of execution is simplistic and the range of it too narrow.The ratio of the share of the executive information of the institutions and that of the other countries is far too low.We also find that we should deepen our cooperation and communication with the owners of intellectual property,improve our automation of the protection system.The international environment is that the international agreements such as TRIPS reflects more interests of developed countries and in the practice we are also confronted with increasing pressures from western countries like America.The perfection of the custom protection of intellectual property needs the cooperation of all aspects including the departments of legislation and administration,the enterprises,the owners and other aspects.We have to strengthen our publicity and to train our nationals in the aspect of the cons.ciousness of intellectual property and that of innovation.The companies should also be directed to its independent innovation in order to create a sound social environment.We should also pay attention to the perfection of the execution systems of the customs. Our focus on this respect should be the enlargement of the group of the officials,the improvement of their performance.We should also introduce the system of the combination of prevention and punishment and change the situation of simplistic execution.The furthering of the cooperation between the customs and its foreign counterparts should also catch our attention as well as the partnership between the customs and the owners of intellectual property. On the basis of our actuality,we should study the foreign advanced experience and pay attention to the perfection of the systems of custom protection of intellectual property,which would help innovate our technology,improve our foreign trade and eventually enhance our strength in technology and economy.