Perfect System Of Customs Protection Of Intellectual Property Rights In China

More attention has been paid on the intellectual property border protection as the result of the growing international trade. Based on the domination of the global intellectual property rules, the US-led developed countries put forward higher requirements on the intellectual property protection in developing countries from the early "Agreement on the Trade Related Intellectual Property" to the "Agreement on the Anti-Counterfeit Trade" signed by some intellectual property developed countries. The intellectual property conflict between China and U.S has greatly improved the perfection of China’s intellectual property customs protecting system and the progress of the enforcement. Although the China’s intellectual property customs protecting system still needs more improvement compared to other developed countries like Europe and U.S, it has actually gone beyond our economic and legislative level. Nowadays we should transfer the focus on the attention and research to some detail problems in the rule implementation, for example, how our customs position、balance between overprotection and proper protection and identify the processing original equipment manufacturer violation during the implementation of intellectual property protection. As the import and export supervision and management department, customs are obliged to do a better job on the intellectual property border protection within its ability. Confront to the different troubles in the process of law enforcement, we should improve the related systems, set up the united law enforcement standard, widen the range of the intellectual property the customs protect, and reduce to the burden on the right to apply for rights. Build up a relatively united standard on the investigation for criminal violations which should not only ensure fairness but also take into account the fair. Meanwhile, law enforcement should change their enforcement way, enhance the communication with corporations、other related departments and overseas customs. Only the whole system implemented could the China’s economy develop effectively, stably and rapidly.