Research On The Enforcement Intellectual Property Rules Of The Anti-counterfeiting Trade Agreement

Intellectual property has complex economic attributes,how to realize the dynamicbalance between stimulate innovation and existing knowledge popularization,it is very importantto choose the best intellectual property policy.The rapid development of international trade havehuge impact on the strong regionalty of intellectual property.Intellectual property policy overallworldwide are increasingly popular.Global intellectual property ownership and commercialdevelopment are remainly controlled in the hands of developed countries and a number ofemerging economies.However,lack of protection for intellectual property rights,especially theincreasingly rampant counterfeiting and piracy phenomenon,resulted in the innovative country aswhich regard the intellectual property an prosperous foundation paid a heavy price:undermininginnovation,job destruction,damage of the interests of consumers,leading to a lag of economicgrowth.If the international intellectual property protection system has gained great success in theaspect of legislation,the enforcement of intellectual property rights,particularly the internationalinternational property enforcement will undoubtedly have a great improvement space.""The Anticounterfeiting trade agreemen"(ACTA) is negotiated by the EU,Japan and the United States,asthe representatives,based on insufficient protection of intellectual property,under the motivationof multilateral enforcement mechanism of intellectual property rights,seeking to establish the bestpractice standards that other countries,especially the country which lacks protection ofintellectual property rights,can encourage and adhere. ACTA is a typical plurilateralagreement,which is the representative of the multilateral system benefits from connetion of theinternational protection of intellectual property with the international trade.The main contentcovers civil enforcement, criminal enforcement, border measures and enforcement of intellectualproperty rights in the digital environment, based on the "agreement on trade related aspects ofintellectualproperty rights "(TRIPS),digital enforcement is the newly added content. It has anattempt to go beyond the traditional civil enforcement,criminal enforcement,border measures, onthe road of the TRIPS-plus,it has taken a solid step forward.Regardless of whether or not theenhancing enforcement standards of intellectual property rights conform to the level of protectionof intellectual property in each country,regarding the basic rights of citizens, such as freedom ofspeech and information, privacy and data rights, the right to a fair trial and the right of publichealth,ACTA has raised serious challenges.And these are the core areas on which the author willfocus and they will be interpreted and answered in detail.