Research On Customs Protection Of Intellectual Property Rights In China

Nowadays, with the increasingly number of international trade and rapidly developmentof knowledge-based economy, the key of future world competition is the competition ofintellectual property rights; also respect the intellectual achievements is by means ofrespecting for and protecting the intellectual property rights, that is to protect the power of anational innovation and potential. The accelerated development of global economicintegration and trade liberalization process and the increasing temptation of huge benefits,they all lead to the upward trend of the proportion of the illegal goods infringing intellectualproperty rights in international trade. The infringement has become a serious internationaltrade problem, when face to this situation, the implementation of customs protection ofintellectual property rights is particularly important. After30years of reform and opening up,China has already become the world’s major trading power, especially after joining the WTO,China and the world economic links are more closely, the implementation of the customsprotection of intellectual property rights is not only China’s fulfillment of internationalobligations, requirements and maintenance effective way for the legitimate rights, but alsogood solution for promoting the international image of China, for maintaining China’s foreigntrade order, protecting our national interests, and an important means to enhance ourinternational competitiveness.Customs protection of intellectual property rights in China started late, but it developedrapidly, the legislation is already relatively advanced, certain provisions even more than theminimum standards of the TRIPS.However,the high standard protection system does notequal to a highly developed economic level, there are also some shortcomings, urgent need tostudy and solve. This article is divided into three parts. The first part identified the customsprotection of intellectual property rights; then introduce the history and development of ourcountry, and an overview; final analysis of the importance of the customs protection. Thesecond part discusses the current situation and problems of China’s customs protection ofintellectual property rights, through the analysis of the actual situation, comparing theadvanced experience and practice of the United States, the European Union and otherdeveloped countries and regions to identify deficiencies and problems at this stage of China’scustoms protection. The last part undertake on two parts, perfect views of China’s customsprotection of intellectual property rights.After ten years of hard work and constantly explore, the system of China’s customsprotection of intellectual property rights is being perfected. Customs as law enforcementagencies dealt with a large number of intellectual property rights infringement cases in importand export, play the legitimate rights and interests of the protection of the rights of people, themaintenance of normal international trade the order of the effects. However, compared withthe major countries of the world, the system construction and implementation, there is a gap.To adapt to the protection of intellectual property rights in the WTO accession requirements,combined with China’s actual conditions on the basis of our country should learn from otherdeveloped countries, legislative experience and practice to perfect this, and improve China’scustoms protection of intellectual property rights on the main body, the object program and soon, in order to establish the actual development of our country with Chinese characteristicssystem of customs protection of intellectual property rights.