Maintain An Appropriate Balance Of Public And Private Interest

The aim of the intellectual property system is to stimulate creativity, to enhance and maximize the utility of the results, and to promote both economic and cultural development. Therefore, the balance of interests, especially between the personal interests of the intellectual property owner and the public interest, has been one of the most core issues of the intellectual property rights.The protection of intellectual property rights in customs is the WTO legal system's most important legal measures regarding intellectual property protection. This protection, with an administrative nature, aims to stop infringing goods at the customs border, to avoid these goods into country or international markets, and to prevent the disruption of normal economy and trade order. With the economic globalization and the development of China's foreign trade, intellectual property violations are increasing in import and export business. Consequently, Customs law enforcement functions, import and export order as well as the balance of public and private interests become a hot topic.This paper focuses on analyzing the major issues on the custom protection of intellectual property rights. The analysis is based on the nature of the intellectual property rights, the theory of interests balance and the current status of the functions in IPR customs protection. In order to explore how the protection of the intellectual property rights can be conducted in a balanced and harmonious manner, the paper also provides suggestions in the four areas such as the regulation of the abuse of the intellectual property rights, the transformation of Customs enforcement approach, the classification of rights protection and the introduction of diverse dispute resolution mechanisms.