Study On The Border Protection Measures Of Intellectual Property Rights In The Anti-Counterfeiting Trade Agreement

The border measures of intellectual property came into being with the rise ofinternational trade, and then gradually developed into an independent and completelegal measures system, in the wake of the revolution of science and technology andthe development of international trade. But the developed countries were not satisfiedwith the low standard of these measures which TRIPS had established, so they startedto present some new measures beyond the old standard all over the world, and theAnti-Counterfeiting Trade Agreement was one of the significant achievements. As aresult of secret negotiations between developed countries, this agreement wasprotested strongly by developing countries. And because of the rapid development ofintellectual property rights trade, China, the biggest developing country, should takepositive and effective measures to improve our protection standards of IPR bordermeasures so that we can cope with the challenge going along with the implementationof ACTA.Compared with the IPR border measures of TRIPS, ACTA is stricter in theapplication scope, the application condition, the margin system, the implementationprogress, the information disclosure system and so on. So if ACTA come into forcefinally, there will be a serious impact on the international trade and developingcountries. And as to China, due to the low-level protection of IPR, there will even be aseriously negative influence on the enforcement of the border measures and OEMenterprises. Therefore, we should take some effective measures to confront thechallenge: firstly, we should promote our IPR protection; secondly, we should appealto the developing countries to protest ACTA; and finally, we should impel companiesto establish a thorough IPR protection system.