Customs Protection Of Intellectual Property Rights Under The Law Regulation Of The Abuse Of Patent Right

As our country external economy flourish increasingly, customs protection of intellectual property rights and the strength is enhanced continuously, also should see at the same time, widely exists in the practice of human rights on the Customs Protection of intellectual property rights abuses, especially the abuse of patent right phenomenon appears repeatedly, has a severe impact on the domestic and foreign market order for fair competition to build. From the international point of view," trade related intellectual property rights agreement"(TRIPS protocol) included in the WTO agreement part, all conform to the trend of economic integration in the ball according to our country actual national condition on the Customs Protection of intellectual property rights to be adjusted, especially the United States, the EU such large economy, on the Customs Protection of intellectual property rights system the research is very deep, on the Customs Protection of intellectual property rights under the existing rights abuse of legal regulation, has its internal coordination mechanism, especially the abuse of patent right phenomenon limits have been formed the effective mode. From the domestic point of view, one of the study on legal regulation of patent abuse also comparison principle, in the patent law in the limit pay more attention to intellectual property rights for the regulation stage, and on the customs in customs protection on patent rights in law enforcement issues not applicable. The two is on the Customs Protection of intellectual property rights research does not take into account the patent rights in comparison to other of the particularity of intellectual property. The three is on the Customs Protection of intellectual property rights on the position of a single, from the human rights perspective, while ignoring the consignor’s right, so damaging to the obligee and the consignor and consignee of the rights and obligations between the balance. Therefore, the international and domestic background requirements, to our country the Customs Protection of intellectual property rights of patent abuse phenomena under study is meaningful. This paper from the following aspects:one is the Customs Protection of intellectual property rights theory, aimed at the use of theoretical analysis of legal research methods, combing out the Customs Protection of intellectual property rights on the basis of theoretical knowledge; two is foreign to the Customs Protection of intellectual property rights of legal regulation of patent abuse, intended by comparative analysis of the legal research methods,; three is our country the Customs Protection of intellectual property rights of patent abuse situation, through empirical analysis and case study research method through case law, see the Customs Protection of intellectual property rights of patent abuse of the right of nature and reason; the four is our country the customs protection of intellectual property rights of legal regulation of patent abuse problems and consummates the suggestion, respectively from the substantive and procedural law puts forward the existing problems and suggestion.