The Analysis About The Customs Protection System Of China’s Intellectual Property

The customs protection system of intellectual property protection is an integral part of the system of intellectual property protection for a country. It is an effective way to protect the legitimate rights of intellectual property. Customs protect the intellectual property related to the import and export trade by the national laws and regulations. The customs protection system of intellectual property protection is not only conducive to maintain china’s international reputation and improve international competitiveness of our country, but also to reduce the international disputes and improve china’s investment environment. Domestic and foreign scholars research the related laws and regulations about the customs protection system of intellectual property protection. Their research focuses on the formulation of laws and the building of the legal environment of the customs protection. The establishment of a legal system reflects not only its equity, but also its effectiveness. In the past, most scholars research the customs protection system of intellectual property protection based on the legal view and few people research the system form the economic view. Therefore, based on the existing research, this paper will research the effectiveness and economics benefits about the customs protection system of intellectual property protection form the economic point. Based on the perspective of law and economics, this paper analyses the customs protection system of intellectual property protection by the normative analysis, empirical analysis, case analysis, comparative analysis and so on. In order to promote the development of our country’s import and export, this article discuss the effectiveness of the customs protection system of intellectual property combined the enforcement of the customs. Finally, this paper puts forward some suggestions to improve the customs protection system of intellectual property.This article divided into six parts:The first part is about the research background, research methods and the existing relevant literature. In this section, it described the main purpose of this study. This paper studies the effectiveness of the customs protection systems of IPR using the research methods. For example:empirical analysis, case analysis and other methods. Then in the section, It illustrates the current research about the customs protection systems of IPR.The second part is about the overview of this research perspective. This article studies our country’s custom protection system of IPR based on the perspective of law and economics. In this section, this paper describes the theoretical basis and general analytical framework of law and economics. With the analysis framework of law and economics, the paper studies the custom protection system of IPR from the aspects of supply and demand, equilibrium and cost benefit.The third part analyses our country’s custom protection system of IPR from five aspects. First of all, this section studies the concept of intellectual property rights, characteristics and the customs protection system of IPR with the theory of property rights economics. Secondly, It is reviewed the process of the construction in the section. Then, this section explains our country’s customs protection system of IPR to illustrate the core components of the system. The fourth aspect shows about the basic procedures by which the customs protects the intellectual property. Finally, this section evaluates the implementation of results about our country’s customs protection system of IPR by the investigated case and the number of infringing goods.The fourth part is about the analysis of the status and the problems of our country’s customs protection system of IPR by the framework of law and economics. The country’s customs protection system of IPR contains the legal market, the supply and demand of the law and the equilibrium of law. Firstly, it analyzes the supply and demand of our country’s customs protection system of IPR. In this part, our country’s customs protection system of IPR is looked as a market in which we analyze the equilibrium of the system. In the framework we can be acquainted the effectiveness of its legislation. The research results show that our country’s customs protection system of IPR is a non-equilibrium system because of the supply shortage of laws.The fifth part analyzes the effectiveness of our country’s customs protection system of IPR by the research method of cost-benefit of the law and economics. In this part, the paper uses not only the research method of standardized analysis and empirical analysis, but also the research method of case analysis and comparative analysis. Based on the cost-benefit model, this paper studies the cost and the benefit. The cost and benefit contains two aspects. One is the cost and benefit developing and modifying the customs protection system of IPR, the other is the cost and benefit implementing the system. The research results show that on the other factors unchanged state, the implementation of our country’s customs protection of IPR is under the low benefit. The system do not meet the needs of our country’ import and export trade. The lower benefit can not compensate the higher cost which makes our country’s customs protection system of IPR less efficient.The sixth part presents the ideas optimizing our country’s customs protection system of IPR. For the growing economy and rapid developing trade, we need to reform our country’s customs protection system of IPR. In this section, to define the property rights and constrain costs, the paper put forward the suggestions based on the institutional economics. We can optimize our country’s customs protection system of IPR from following two aspects. First, to improve the customs protection system of IPR, We can formulate the related laws to fill the system and to prevent the abuse of intellectual property rights. Second, we need to improve the enforcing transparency of customs and the management of intellectual property.