Legal Research On The IP In The Transit Protection

With the development of international economic and trade, in-transit protection hasbecome one of the important systems of international protection of intellectual property.In order to guarantee convenient transit and promote international trade, in-transitprotection of intellectual property asks for a country to exempt tariffs, should not causeunnecessary delay or limit. There is no conclusive evidence; the country can’t seizuretransit good. Seizure in transit goods, it brings the uncertainty of international trade,enhances the transit costs, break the balance of the developed countries and developingcountriesIntellectual property in-transit protection is necessary, intellectual property law canensure the private right of intellectual property rights and interests balance, respectothers’ intellectual property. International treaties also make a provision of theprotection. GATT has established the principle of freedom of transit, transit countriesplays an important role, should keep the channel unobstructed, reduce internationaltrade cost, benefit the final consumers around the world; TRIPS agreement establishedthe law of intellectual property infringement in-transit applicable, it shall be based onimporting laws rather than judging by the in-transit law. This is also the inevitablechoice of adhere to the principle of regional intellectual property. And freedom ofin-transit has been a rule of international law or treaty obligations for the government ofthe countries all over the world.But there is still a barrier of the in-transit protection of intellectual property. On theone hand, the developed countries dominate the anti-counterfeiting trade agreementsigned, the provisions allow judging the goods infringement base on the law of transitcountries; on the other hand, the European Union, frequently seize generic drugs passthrough its territory, according to the EU itself rules to determine transit infringement.On the basis of the above studies, analysis our countries’ choose and how to dealwith it. If those goods in transit in our country, our country should comply with theinternational treaty and the rule of intellectual property in-transit protection, at the sametime perfecting own laws, regulations and policies; in terms of dynamic internationaltrade, we should pay attention to China’s export goods transiting in other countries, andmake full use of WTO dispute settlement mechanism.