The Disposal Of IPR Customs Measures For Infringing Goods

The Trips agreement reflects the international trend of the intellectual property protection. The developed countries such as America and European do not satisfied to maintain the minimum protection clause under the Trips agreement. To the contrary, they promote intellectual property protection strategy under the ultra-Trips agreement in the multilateral areas and bilateral areas. The number of violations of intellectual property goods is increased year by year which is disposed by the Customs cause of infringement of intellectual property.Found after retrieval, although the domestic scholars have done a lot of research of intellectual property infringing goods Customs Enforcement. However, it is usually confined to the law enforcement level, very few of the Customs measures to deal with from a legal point of view. To this end, I use the law expertise; combined with understanding of relevant technical knowledge, learn from the advanced experience of foreign countries, intellectual property rights infringing goods Customs measures to deal with legal issues for analysis.In the first of the thesis, by analyzing the example of the first United States v. China intellectual property rights case, I promulgate the substance of implementation of the ultra-trips agreement. Then, be established in the present situation of our customs enforcement status, I put forward the defect and the necessity to perfect of China’s customs legislation. At last, by using international legislation for reference, contrasting to domestic legislation and combining china’s actual conditions, I analyze the international tendency of the disposal of I PR customs measures, in order to more accurately grasp china’s coping strategies.