Ipr Border Protection Legal System, A Comparative Study

In tandem with the development of the knowledge economy, the intellectual property rights integrate with the international trade more and more closely. How to control the circulation of infringing goods through border which is a crucial links in international trade becomes a hot issue concerning the enforcement of intellectual property rights in the whole world. The author firstly introduces the relevant provisions of the"Agreement on Trade-related Aspects of Intellectual Property Rights"(TRIPs),then compares the legal systems of our country, United States and EU, with the hope of putting forward constructive proposal which can improve our country's legal system.This dissertation is divided into three parts, besides the preface and the conclusion.In the first part, the author introduces the basic knowledge of the border measures related to intellectual property, including the concept, the features and the significance of the system. The analysis has been focused on the relevant provisions of TRIPs. Besides, the history of our IPR board protection legal system and the current situation are presented in this part.The second part is very crucial in this dissertation. The related legal system in china, United States and the European Union are analyzed in a comparing method. Though introducing the related provisions in the above three zones, it is easy to find that there are many differences in the three zones'legal systems, including the scope of protected rights, the subject to be protected, the procedure and so on. The customs measures related to disposal of infringing goods that has confiscated is introduced separately because it is a disputing issue in the"china-measures affecting the protection and enforcement of intellectual property rights"which had been settled before DSB.In the last part, the author analysis the present problems in our country's related legal system and raise some proposals, considering the reality in our country and adopting other zones'experience. The author thinks that a perfect system should balance the interests between right holder and other parties and should protect the right holders'interest while preventing the abuse of right.