On The Significance Of Ipr Customs Protection In The New Situation And Suggestions For Improvement

With the development of globalization and trade liberalization, protection of the right of intellectual property (RIP) has increasingly aroused public attention.In recent two decades, RIP protection has become a part of basic legal system and an important policy instrument for countries to stimulate technology innovation, which has played an important role in the strengthening of country competitiveness.The infringement of RIP in trade practice will have a negative impact on trading among nations and their employment rate. Counterfeit in particular, will threaten customer health and security.After China's entry into WTO, to effectively protect RIP and curb unfair competition behavior, nations worldwide reinforce RIP legislation and judicial administration, and put more emphasis on administration protection. Under this circumstance, RIP protection through customs has become much more important and therefore meets more challenges.The paper includes 5 parts.Part 1 gives the definition of RIP protection through customs, which means all the RIP protection through legislation practice during import and export. And then the author talks about the necessity and significance of RIP protection through customs.Part 2 expounds the present situation of China's RIP protection through customs. Firstly, there is a legislation review. Then the author mentions the achievement of the customs in this sphere. For example, by establishing rigorous inspect and control system from applying to customs to checking bill of documents, the customs prevents the import and export of tortious product. Thirdly, the author points out that it is of great significance for customs to take actions in order to arouse awareness and enhance capability of RIP protection in the corporate level.Part 3 researches on problems inherent the RIP legislation execution process. These problems include improper guaranty system, limitation in execution, problems concerning evaluation of goods under investigation, etc. The author further points out that 4 reasons contribute to these problems. First, the role of customs during RIPprotection is kind of passive protection which weakens the force of protection. Second, by current guaranty regulation, obligee has to bear large guaranty fee. To lighten their burden, it is recommended that current guaranty regulation be reformed. Third, in theory, obligee can give up their right on the protection of certain intellectual property. However, this practice results in the import and export of counterfeits which damage the image of our country. Fourth, the principles of intellectual property right protection through customs should be reformed and properly executed.In part 4, the author puts forward 4 suggestions for RIP protection through customs. First, set up precautionary protection mechanism. Second, establish corporate risk management and risk evaluation system. Third, introduce information sharing and communication system and enhance law execution efficiency. Fourth, put emphasis on the cultivation of professionals in this field.The last part includes three case studies.RIP protection is one of the three pillars of world trade system by WTO. China has promised to implement TRIPS after entering into WTO, which means if we can not effectively protect RIP of countries related, we will have to endure the consequences like the ending of favorable treatment and revenge taken by other countries. Therefore, it is necessary for China to strengthen RIP protection, cracking down on counterfeits and pirate in particular.Under the circumstance of globalization, intellectual property right protection has become one of the important factors in the measuring of country competitiveness. RIP protection has been brought into the system of the legislation and opening policy of China, which will play an important role in the maintenance of trade fairness and stimulate the development of science, culture and trade of China in general.