Study On Regulation Of Intellectual Property Protecting By European Customs

Along with the rapid development of the international economy, with the growthof international business and exchange, the intellectual property cases are increasing.European Union is the first district which taking custom actions to protect intellectualproperty. Its legislation is being perfected by decades testing. COUNCILREGULATION (EC) No.1383/2003is the most representative one. This thesis istalking about the intellectual proprety rights protecting by EU customs, and thesuggestion to Chinses enterprises and government.Firstly, the thsis introduces the research background and significanse of EUcustoms, the researching technique and atructure and so on. The overseas empiricalstudies well in clarification of the protection on intellectual property by EU customand the case law of ECJ. The Chinese scholars study well on the system of intellectualproperty rights protection by comparing with America,Japen,and China.Secondly, the thsis outlines EU custom protcetion on intellectual property, thelegislation and enforcement actuality,and in detail the regualtion of COUNCILREGULATION (EC) No1383/2003. the research result is: this regulation grantedmuch more power to the customs to protect the intellectual proprety of EU,not onlywidened the scope of legistative protection,but also shortened the period and simplifythe process for rights holders to ask for a protecting action.Thirdly, the thsis introduced the classical cases came by the customs’ actions andthe inter difference among three cases. The inter reason to the defference is the originof law different between the members of EU. The judges different understanding ofthe law is an important reason as well.At last, it’s a tentative suggestion to the Chinse enterprises and government thatwhat they can do when they face the EU customs impound situations. If Chinsesenterprises know more about the regulations of intellectal property protection by theEU custom, their international trade may become more easy and convenient. If theChinese government know more about those regulations, they can give assistance forthe enterprises and give advice to perfection Chinese legislation on intellectualproperty custom protection.