Study On Customs Protection Of Intellectual Property Rights

With the continuous development of economic globalization, more economicrelationships are appeared among countries, in which is leading the fast developmentof international trades. While, at the same time, knowledge economy is rising andbecoming the important power to push the economy development, and the knowledgeproducts are becoming the objects of the international trades, but the direct problemis that more intellectual property is coming down to the international trades. So, howto protect the intellectual property is very important to international trades. Manyinternational organizations and countries are making laws to protect the intellectualproperty. China published Customs Protection Regulation for Intellectual Propertyand modified several times during the practice so the intellectual property protectionsystem was build, which is useful for protecting private rights, improving thedevelopment of international trades and accelerating the advancement of science andtechnology. However, there are many new questions and problems during the theoryand practice, such as the protection of customs, the new functions of the customs andso on, so the legislation of customs protection for intellectual property is still needed.Otherwise, the enforcement of customs and judiciary still need more improvementand enhancement so that the functions of customs can be truly realized during theprotection.The passage is divided into4parts to do the research:The first part mainly tells the basic theory of customs protection system forIntellectual property, such as, the property, characteristics, basic value of intellectualproperty, the property, meaning and characteristics of the system. Comparing with thenew characteristics of international trade, it is necessary and important to protect theintellectual property.The second part is about the comprehensive analyze of the customs protectionsystem for Intellectual property from many sides such as legislation, enforcement, entity and procedure based on the Customs Protection Regulation For IntellectualProperty and real societies.The third part summarizes the customs protection of intellectual property right oflegislation and enforcement present situation of the United States and other countries,combined with the TRIPS agreement about the system of the related regulations, andthen compared with China’s existing laws.The fourth part: according to the flaw of the current customs protection ofintellectual property rights system, and the present situation of China’s existing legalsystem and China’s international trades, discusses the object scope, protection mode,the holder’s rights and obligations about the customs protection of intellectualproperty rights systems, and based on this, to improve the suggestions about customsprotection of intellectual property rights system.