Research On The Protection Of Intellectual Property Rights In China For The Record System Of Border

Border Protection of intellectual property rights is a kind of administrative protection of intellectual property rights in China has an important significance in the context of the rule of law and international standards, the construction of the legal system of border protection of intellectual property rights.At present, the developed countries of the Western Border Protection of intellectual property on a very important position, corresponding laws and regulations are getting more sophisticated, increasingly efficient system of enforcement of intellectual property rights, national customs enforcement is also increasing, border protection of intellectual property rights has the samebecome the Chinese customs an irreplaceable important non-traditional functions. Played an important role in the inhibition of the infringing trade, maintain fair trade order to win the external environment of China’s peaceful development.After ten years of rapid development, China’s legal system building in the border protection of intellectual property rights has made great advances in the basic institutional framework is already built, but further improvement in how to combine the real development needs and law enforcement practices needtheorists and practitioners to explore, thinking.As living in the basic position of the customs protection of intellectual property rights "IPR border protection for the record, has been drawing on the experience of other countries to form a more complete filing system system, but with the continuous economic and social development in the practice of law enforcementthere are still many problems.Border Protection of intellectual property rights, there is still more obvious heavy physical phenomenon of light program, you can still find related ordinance required the filing entity content more explicit, determine the content and the amount of, but for the provisions of the program moreblurred.The proceedings are a means to implement the substantive laws, procedural requirements relatively weak also restricted the effectiveness of the entity content, in fact, as mentioned above, border protection of intellectual property rights in China contains part of the filing system has been more ahead, but customs proceduresThe provisions should also be further standardized.In this article, the author is the IPR border protection filing system as the starting point to carry out a detailed and analytical thinking, to study the history of the filing system, as well as foreign filing system, paying particular attention to the law enforcement details concern in the record linksprovides for a more obscure part, to study how to further improve the combing process, to develop rigid mode of operation, reducing discretion, enhance efficiency.From general improvements, summed up the filing system of border protection of intellectual property rights in China and to promote the construction of border protection of intellectual property rights in China’s legal system to a higher level.The author should first learn from a EU customs "passive" application consolidated balance both the record mode, the "active" investigate and deal with the record mode and forms of law enforcement, according to application, combined with ex officio, and the right to human-centered way.Followed by the the proposed IPR border protection program is started regardless of the manner in which rights should only be equivalent to the value of guarantees. Then there is the implementation of the special limited patent protection mode.And this summed up as "active monitoring, passive protection" special patent Border Protection mode. Actively explore the shortcomings of the current filing system and needs to be improved.In addition, I also combined with the actual business of the customs work proposed in the filing link the introduction of novel customs filing system mode of operation of the enterprise risk management, the use of the customs of their own advantages, Yun-border protection of intellectual property in the customs of the day-to-day corporate management. Concludes with recommendations for the protection of import and export goods should be treated differently. In order to deal with the rights of human rights abuse in the filing link more consistent with the rights and obligations of the rights holders.