The Research Of The IPR Border Protection From The Perspective Of Interest Balance

With the globalization of the world economy, the development trendof economic knowledge-based, as the developed countries to maintaintrade balance grab superprofit important ways and means of maintainingthe core competitiveness, the prominence of intellectual property rights ininternational trade are being strengthened. In2001, China approved theaccession to the WTO, it is committed to full implementation of trade-related intellectual property rights (including trade in counterfeit goods)agreement (draft)"immediately. In recent years, China is graduallystrengthen the protection of intellectual property rights, especially thecustoms protection of intellectual property rights. Currently, China is stillone of the countries of the implementation of intellectual propertyprotection in the export sector is one of the few in the world. However,because our country is not yet out of the extensive mode of economicdevelopment, serious short-sighted mentality of domestic enterprises andweak awareness of intellectual property protection, resulting in the abilityof independent innovation as well as its own brand and patent protectionis not strong. Infringing goods seized by Customs from Customsintellectual property filing system, most of the rights of foreignenterprises that Customs to crack down on counterfeiting, piracy and other acts to harm the economic interests of many domestic exportenterprises, and even directly involved harm the national interests ofChina’s IPR customs protection is inadequate or excessive in academiahas aroused controversy. Therefore, I attempted to China’s IPR customsprotection system compared with foreign countries, from the analysis ofthe current situation of China’s IPR customs protection combined with thepart of the Customs seized a controversial tort case, focusing on theproposed formation of the conflict of interest situation of IPR customsprotection three outstanding problems, and finally proposed to alleviate orimprove an existing solution to the problem, to improve China Customsinvestigated infringing goods inspection in the import or export processefficiency, as well as in the national, social, intellectual property rightsand the theoretical point of view based on the balance of interests Themultistakeholder consignor or consignee looking relative equilibriumpoint.Firstly as a starting point to literature and theoretical studies,stakeholder analysis involved in the protection of our intellectual propertyrights Customs and interest demands the use of the theory of the balanceof interests, laid the theoretical foundation for the full text; followed bythe implementation of the developed countries from the perspective of thebalance of interests of knowledge property rights of Customs protectionpolicy with domestic phase comparison, China’s IPR customs protectionmode, passive infringement of intellectual property rights holders theright to use improper as well as the licensing process triggered threeinfringement of IPR customs protection of the common problems thatmulti-The interests of combing and analysis; Finally, the use of thebalance the interests of analytical methods to improve China’s IPRcustoms protection put forward corresponding countermeasures and suggestions.The characteristics of this article is a grass-roots perspective of thecustoms officer, direct feedback to the policy of enforceability andrelative to management characteristics, proposed some countermeasuresand suggestions on China IPR customs protection, in order to create amore harmonious domestic intellectual property Customs Protection ofthe atmosphere.