The Researchment On The Customs Protract Of The Intellectual Property

With the development of science and technology and the improvement of economy,innovation product launch gradually become the competition between countries not only is animportant indicator a birth of innovation from the advancement of knowledge, but also is thedevelopment of intellectual property rights and ascension, therefore national competition is thecompetition of intellectual property rights, but because of the knowledge product twocharacteristics both invisibility and replicability, making it possible for each year of intellectualproperty cases happened in the world is high as many as tens of thousands of up and its directeconomic losses from the trillions of RMB, alone, infringement trade goods accounted for thetotal international trade between6%.-9%. So, now all the countries began to pay attention to theinternational trade of protection of intellectual property rights, the customs as an internationaltrade goods inbound and outbound means of supervision and management of the authority, itshave the capability and the corresponding measures to carry out effective control of import andexport goods, to prevent and stop the infringing goods and can play an important role, butunfortunately, due to the holder of the intellectual property right rights consciousness, lacking ofrelevant enterprises to intellectual property rights protection system, lacking of understanding ofthe status quo of intellectual property protection in China is not optimistic, At the same time inChina’s accession to the wto after we need to comply with the TRIPS agreement and fulfill theresponsibilities of the customs protection of intellectual property rights, so to establish andperfect our country’s customs protection of intellectual property rights system become necessary.This paper took place in the two famous intellectual property infringement case study on thesystem of customs protection of intellectual property rights, from two cases to find out thecustoms of our country at present in the protection of intellectual property rights of import andexport the loopholes and defects, and then points three chapters to each problem and analysis indetail, and puts forward some Suggestions and ideas to create, respectively is the customs ofprotection of the patent right to cause problems and solutions; Two kinds of protected mode and two of the conflict between the interests; The customs protection of intellectual property rights ofthe practical difficulties and Suggestions, in-depth analysis of customs protection of intellectualproperty rights caused by a variety of reasons and legal origin and from legal theory and practiceexperience and clarify countermeasures, combined with the actual situation in our country andlearn from foreign advanced ideas easily understood, put forward the improvement measuressuitable to China’s national conditions, combining with the international conventions and thecountries all over the world for the legislation of the system of customs protection of intellectualproperty rights related regulations in our country, the analysis of the system of customsprotection of intellectual property rights theory, the legal system and the law enforcementprocedures and standards, found the system construction of the existing gap and defects in thesystem of customs protection of intellectual property rights related problems in the theoryanalysis and system on the basis of comparison of the customs, in order to put forward theproposal to perfect and improve the system, so as to better safeguard the intellectual propertyrights and promote healthy and orderly development of foreign trade to lay a solid foundation.