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The Research On Legal System Of Custom Protection Of Intellectual Property Rights

Posted on:2013-04-22Degree:MasterType:Thesis
Country:ChinaCandidate:X SunFull Text:PDF
GTID:2246330395452249Subject:Law
Abstract/Summary:PDF Full Text Request
Into a new era of rapid development of the socio-economic, scientific, cultural, especially the frequent economic exchanges between the import and export in various countries in the international community, the benefits of international trade has been rapid growth in transaction volume surge, but along with its attendant, the spread of clusters of infringement of intellectual property rights of others behavior, not only to the legitimate intellectual property rights has brought huge economic losses, but also caused the economic chaos of the international community, which led to the image of the country fell between countries,the conflicts continue even worse. So international community generally recognize that, you must take effective measures to effectively crack down on violate the legal intellectual property rights international trade, especially import and export stage to check by the Customs detain the suspected infringing goods, the confiscation offer other effective measures, more and more the attention of the international community,will be adopted. China is no exception, is not only normal in order to protect the inter-State trade order, which is also Chinese accession to the WTO are necessary to fulfill the commitment. Protect the legitimate interests of intellectual property rights.At the same time, we are also committed to enhance our national innovation capacity and international competitiveness. Based on the fulfillment of international commitments, to learn from foreign advanced development experience, will reform and improve Chinese system of IPR customs protection of profound significance.Customs protection of intellectual property rights, also known as the Intellectual Property Rights Border Protection, the Customs in accordance with national laws and regulations, import and export are taken to protect intellectual property rights enforcement measures, Customs detained the suspected infringing goods and confiscation of the means to protect intellectual property rights the legitimate interests of a system.System of IPR customs protection in the Convention and terms of the regional governments of some developed countries, the initial use, the formation of a more comprehensive system of regulations to the TRIPS Agreement. Other countries in order to better protect domestic intellectual property rights, and enhance national competitiveness in the absorption of advanced provisions of international conventions and other countries on the basis of their own to develop according to their own actual situation of the domestic law.This paper first introduces the concept of the legal nature of the basic situation ofIPR customs protection, followed by a detailed description of the advanced system of the United States, European Union, Japan and other typical countries in order to be able to learn from more experience, applied to the protection system of China. On this basis, summed up the object of IPR customs protection system, procedures and inadequacies exist, and some suggestions and countermeasures of Chinese intellectual property in order to carry out more comprehensive and detailed protection, to achieve enhanced national innovation ability and promote the purpose of development of market competition.
Keywords/Search Tags:Intellectual Property Rights, Customs Protection, TRIPS Agreement
PDF Full Text Request
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