Legal Research On Enforcement Scope Of Border Measures For International Protection Of Intellectual Property

Companying with the increase of the technology factors in the international trade,border measures became a more and more important part for the internationalprotection of IPR and had been developed into a critical legal system for thelong-term development of Countries’ economic and trade. Inevitably the enforcementstandard of border measures has been raised and enhanced. In2010, the final draft ofAnti-Counterfeiting Trade Agreement which is established by the developed countriessecretly had been signed by many countries such as U.S., Japan and so on, indicatingthat the enhanced enforcements standard of border measures becomes an internationaltrend. Especially the border measures stipulated in chapter Two of ACTA changed andenhanced the current international law. However the enforcement standard of bordermeasures to a great extent rests on the enforcement scope of border measures, byvirtue of the scope decides the effective enforcement of border measure. Thus, theresearch on the enforcement scope of border measures helps to establish and perfectour border measures legal system so that we could maintain the states’ interest in theinternational trade and face the challenges raised by international society.The master thesis has been divided into three chapters.The first chapter is the introduction to the enforcement scope of border measures. Firstly, this chapter introduced the concept and necessity of border measures,especially including two points, the first one is the relationship between the bordermeasures and custom protection of IPR, and the second one is the importance ofborder measures for protection of IPR. Secondly, this chapter exemplified theenforcement scope of border measures by cases, and then the writer confined thescope from four aspects, i.e. The enforcement scope of competent authority, theenforcement scope of objects, the scope of authority’s power and the scope of IPprotected at border. Finally, this chapter introduced the border measures stipulated inTRIPS.The second chapter discussed the development and the conflicts about theenforcement scope of border measures. Firstly, the writer analysed the definition ofenforcement scope under ACTA, which is the lastest outcome for internationalprotection of IPR.. Secondly this chapter expounded the development trend ofenforcement scope of border measures by discussing the arguable problems such asthe patent infringement and the goods in-transit.The third chapter expounded the thoughts on the perfection of the legal system ofenforcement scope of border measures in China. By analysing and discussing in thetwo chapters above, as well as on the basis of the legal system of border measures inchina, the writer figured out the problems existed in our legal system. Finally thewriter offered a proposal for perfection of the legal system of enforcement scope ofborder measures in China and coping with the international challenge in the context ofACTA.