Research On Customs Protection Of Intellectual Property Rights In China

Nowadays, with the increasingly number of international trade and rapidlydevelopment of knowledge-based economy, the key of future world competition is thecompetition of intellectual property rights; also respect the intellectual achievementsis by means of respecting for and protecting the intellectual property rights, that is toprotect the power of a national innovation and potential. The accelerated developmentof global economic integration and trade liberalization process and the increasingtemptation of huge benefits, they all lead to the upward trend of the proportion of theillegal goods infringing intellectual property rights in international trade. Theinfringement has become a serious international trade problem, when face to thissituation, the implementation of customs protection of intellectual property rights isparticularly important. After30years of reform and opening up, China has alreadybecome the world’s major trading power, especially after joining the WTO, China andthe world economic links are more closely, the implementation of the customsprotection of intellectual property rights is not only China’s fulfillment ofinternational obligations, requirements and maintenance effective way for thelegitimate rights, but also good solution for promoting the international image ofChina, for maintaining China’s foreign trade order, protecting our national interests,and an important means to enhance our international competitiveness.Customs Protection of Intellectual Property Rights in China started late, but itdeveloped rapidly, the legislation is already relatively advanced, certain provisionseven more than the minimum standards of the TRIPS.However,the high standardprotection system does not equal to a highly developed economic level, there are alsosome shortcomings existing at Customs Protection of Intellectual Property Rights ofour country, mainly at the operational level: First, the law enforcement is single andthe efficiency of Customs Enforcement is low; the rights protected by the main rangesmaller. Second, the protected object range is narrow. Third, comparison of the two main protected modes: the protection mode applicable in a higher proportion;Commerce Department model useless. Fourth, the problem of filing system: which iseasy to be unfair to the right holder; and filing office and other intellectual propertyrights protection authorities are independent of each other, making the filing ofintellectual property rights legitimacy is difficult to guarantee that the individualrecordal may also be out of touch with the actual. Fifth, intellectual property disputescan not meet the real needs. Customs handling of infringing goods mainlyadministrative penalties, and also allow the parties to the dispute over tort liability,reconciliation, and simply use some relief, so that it’s important to seeking a moreeffective dispute resolution.International Review of the customs protection of intellectual property rights, theborder protection system of Intellectual Property Rights advanced in developedcountries and regions can be found to improve Customs Protection of IntellectualProperty Rights is an important reference. The border protection system ofIntellectual Property Rights in the United States builds a different filing proceduresset for different types of intellectual property rights, and the patent has a specialborder protection procedure; when confirm whether the goods infringing the process,the rights of the burden is light. The border protection system of Intellectual PropertyRights border protection system in EU, whether it is the object of protection or thelink protection, they are very extensive; in law enforcement procedures: simplifyprocedures, speed up case processing, saving the cost of law enforcement, to reducethe burden. Japan’s border protection system of intellectual property protection relymore on application. These countries and regions have in common is the burden ofthe right holder or applicant.At this stage, because of the imbalance development level of productive forces,the importance of intellectual property rights has not been fully recognized yet,people’s awareness of rights is weak. On the basis of a suitable understanding ofChina’s national conditions, we should study and learn the advanced experience offoreign countries, to improve the level of China’s Customs Protection of IntellectualProperty Rights. Establish a set of consistent Customs Protection of IntellectualProperty Rights with Chinese characteristics, China’s national conditions, which can protect our national interests. Specific measures are as followings: First, in the main,to strengthen customs enforcement building, improve the ability and to build ahigh-quality Customs Enforcement team; and expand the range of subjects of rightsCustoms Protection of Intellectual Property Rights. Second, adjust the object range ofCustoms Protection of Intellectual Property Rights, to perfect customs protection ofpatent rights; In addition, to expand the object scope of protection of indication oforigin, trade name rights, layout designs of integrated circuits, biological resourcesdiversity into the customs protection of intellectual property rights scope of the object.Third, guide the development of China’s customs protection mode at this stage is stillmainly in accordance with the terms of the protection mode, and gradually reduced inaccordance with the rights of people to apply for protection mode to apply thestandard of protection, and enforcement of the Commerce Department specific mode,guiding customs protection mode toward the direction of development to protectedmode in accordance with the application based. Fourth, to perfect the recordal ofIntellectual Property Rights at this stage, when the conditions are ripe, abolish of thefiling system. Fifth, introduce the mediation system to compensate for the lack ofpublic relief and private relief.