The Legal Issues Of The Affiliated Enterprise

The emergence of the Anti-Counterfeiting Trade Agreement (ACTA) make the International standards for the protection of intellectual property issues once again become a hot topic of every country. Especially in May2010, after India and Brazil submit dispute about the UN and Netherlands seized its transit generic drugs to WTO’s dispute settlement institution, the provisions about authorize transit countries to seize, suspend release and any other border measures on the in-transit goods cause a strong attention. In this paper, I will make an in-depth study about the border measures on transit goods.The first part of this paper first definite the definition of "in-transit goods". And described separately the provisions about TRIPs Agreement and ACTA on the intellectual property rights border measures. Compare ACTA and TRIPs。In the second part analyses the border measures on in-transit goods may produce adverse effect on the international trade freedom.The third part and the fourth part discuss the irrationality of the border measures on in-transit goods form the legal basis and value system of the intellectual property rights, he third part indicate that because of the territoriality of intellectual property rights and the special legal status of in-transit goods make the transit country have no jurisdiction on transit goods, and then we can not identify the in-transit goods infringe the transit country’s intellectual property rights. The fourth part consider the border measures on in-transit goods destroy the interests balance between obligee and public interest, the developed countries and developing countries, and contrary to the value goal and purpose of the intellectual property rights. The last part emphatic analyses the possible impact on China’s international trade after the ACTA come into force, and put forward three aspects coping strategy.Therefore, the intellectual property rights border measures on in-transit goods fully are the developed countries search for a strong international protective standards on the intellectual property rights, but it destroy legal principle and public interests and the developing countries. We should take strict measures to resist and indicate our opposition, and draw up possible strategies actively.