A Study On The Border Protection Institutions To Chinese Intellectual Property Right

Along with the international trade development and scientific and technologicalexchanges become more frequent, intellectual property has been closely linked with theinternational trades, the infringement of intellectual property rights has gradually evolved intoa prominent problem in international trade. As a member of World Trade Organization, it is aChina’s main commitment to the rule of WTO to protect the intellectual property and forbidthe tort goods，and it also China is necessary in order to protect the international economicorder. After nearly twenty years of development, the customs’ protection to intellectualproperty has now developed into a relatively satisfying status from vacancy. Currently, thelaw of the customs’ protection to intellectual property becomes more and more mature, theinstitution of the law enforcement in intellectual right is unified and efficient, which makeslots of achievements. However, there are still all kinds of problems in the border protectioninstitutions to intellectual property right. In the background of China’s strategy of intellectualright and the construction of innovation country, research on how to further improve thesystem of intellectual property of China’s border protection, improve the efficiency of customslaw enforcement, protection of intellectual property rights of the legitimate rights in China,has a very important significance.The paper is made up of five parts,The first chapter makes a comprehensive introduction to the border protection ofintellectual property rights system, mainly discusses the concept and legal nature.The second chapter makes an introduction of international investigation of borderprotection of intellectual property rights system, mainly through the "TRIPs agreement", theUnited States337terms,"EU regulations", to draw useful lessons for china.The third chapter is to introduce China’s intellectual property border protection system,mainly introduce the administrative protection of intellectual property rights in China, anddiscusses the sources of law, China’s intellectual property border protection system of maincontents, overall in China in recent years the border enforcement, and points out theinsufficiency.The fourth chapter discusses the enforcement of confusion, border protection of intellectual property rights in China include: The intellectual property rights abusephenomenon widely exists, effect of patent protection is poor, the intellectual property rightsdispute resolution methods are difficult to meet the real needs, there are different opinions inChinese Intellectual property rights for the record, express mail channels infringementsituation is becoming more and more serious.The fifth chapter according the current situation of intellectual property border protectionsystem of foreign advanced tariff zone and economy of intellectual property in China,integrated in the customs work experience, I give suggestions for the five puzzle CustomsEnforcement in China.