Research On Intellectual Property Rights Counterspell Strategy Dealing With The Trade Barriers Of ACTA

The Anti-counterfeiting Trade Agreement "(hereinafter referred to as ACTA), made by the developed countries,to achieve the higher provisions on the enforcement of intellectual property rights that beyond of the TRIPS agreement standards under the framework of WTO, breaking the balance of the interests of intellectual property rights that maintained by TRIPS agreement under the framework of WTO the nearly ten years, foreshadowed in the field of international trade the international intellectual property protection rules will be a sudden change in the situation for the value orientation upgrade of developed countries.This article through studying the background, main contents and specific elaboration of ACTA, comparative analysis the relationship between ACTA and the TRIPS agreement, pointing out that the ACTA ban and interim measures expansion restriction for the third party’s, border measures applicable, unconscionability of relief terms and dispute settlement mechanism will form intellectual property rights trade barriers, not only challenges the multilateral international rules of intellectual property rights protection, produce great conflict of laws to the international trade fair, but also will become great limits to developing China’s international trade of intellectual property rights, will have a great impact on our OEM brand enterprise, will put forward new unprecedented challenges on our intellectual property rights system. In this dissertation, a thoroughly research has been made on counterspell strategy of intellectual property rights dealing with the trade barriers of ACTA.thinking that calmly dealing with trade barriers of ACTA it’s the only way to fundamentally eliminate the influence of ACTA to our country’s international trade. Unswervingly implement the strategy of intellectual property rights, focus on promoting the construction of legal system of intellectual property rights in China, grasp the participation in international intellectual property regulations power, strengthen our country enterprise intellectual property operation, these four measures should be the important content of counterspell strategy of intellectual property rights dealing with the trade barriers of ACTA.