Study Of Ipr Customs Protection Issues

With the development of world economy and international trade, governments all over the world are paying more and more attention on the protection of IPR (Intellectual Property Rights). Due to the advantage of the administration on import and export goods, the customs protection of IPR turns out to be increasingly important. So, it is necessary to make legal research on the customs protection of IPR. However, the customs protection work has not been enforced for a long time, so it is not much noticed by the academia. While inside the customs, the theory research ability is comparatively poor. So there are few domestic theory research results on this item and relative customs officers and the IPR holders feel puzzled by many relevant legal problems.This paper tries to analyze the international legal system on customs protection of IPR; to construe China' s customs protection system of IPR on the base of Regulations of the People's Republic of China on the Customs Protection of Intellectual Property Rights and the daily customs administration work; to present the paper writer' s idea on several key problems and to bring forward several suggestions to further improve China' s customs protection system of IPR, hoping this paper could make some benefit to China' s customs protection system of IPR. The paper is divided into three parts:Chapter one introduces international customs protection system of IPR. Stipulations in TRIPs which is the most important law in this aspect are the main content.Chapter two introduces China' s customs protection system of IPR. After looking back on the background and evolution of China' s customs protection system of IPR, conclusion and analyze of the system' s current content is the key point. Meanwhile, this chapter also briefly introduces the status in quo of China Customs and Shanghai Customs' customs protection work of IPR.Chapter three takes several key problems as examples (such as protection scope, protection route, starting mode, parallel import, infringement in foreign-trade OEM processing, abuse of IPR and criminal responsibility) to analyze the existing problems in China' s customs protection system of IPR and to present some suggestions to the system' s development.