Research On The Enforcement Measures Within Anti-counterfeiting Trade Agreement

The TRIPS agreement rules the “minimum standards” of protection andenforcement of intellectual property rights for all members of the World TradeOrganization (WTO), opened the door of the international protection of theintellectual property rights. However, with the development of internationaltrade, the developed countries are not satisfied with the“TRIPS agreements”, nolonger focus on the entity rules of maximize the intellectual property rightsinternational protection, but rather to strengthen the law enforcement measures.Finally, after more than two years of the “club” type of secret negotiations, theAnti-Counterfeiting Trade Agreement(ACTA) arises at the historic moment. Thefinal text, the main content is still concentrated on the second chapter ofintellectual property enforcement measures aspect, which is the object ofresearch. The author mainly used the method of comparative study andgeneralizations. First, through the contrast of law enforcement betweeninternational treaties, found that the strict calculation method of compensationand prohibition objects expand in ACTA civil enforcement pay more attention toprotect the interests of the right holder; law enforcement object in borderenforcement is too harsh, increase the risk of the goods be checked. The redefineof “commercial scale” in criminal enforcement measures reduce the “threshold”of intellectual property rights form protection, the completely “super TRIPS”standard under the digital environment reflect the interests of developedcountries. Then, after the comparative analysis of ACTA related law enforcementmeasures,assess the reality influence on our country with the change ofenforcement measures. Finally, put forward that under the new standards ofinternational protection of intellectual property rights, our country should beprepared internally and externally, not only need ally other countries against ACTA violations of the law enforcement measures, but also should try to raisethe awareness of protection of intellectual property rights of enterprise itself, soas to improve China’s international status and maintaining the internationalimage of China.