Comparative Research On Compliance Of Border Measures Between Anti-Counterfeiting Trade Agreement And Agreement On Trade-related Aspects Of Intellectual Property Right

With the development of global trade and commerce, international trade aboutcounterfeit and pirated goods is also growing, so the developed countries aredissatisfied with the intellectual property protection standards stipulated inTrade-Related Intellectual Property Rights Agreement (TRIPS). Anti-CounterfeitingTrade Agreement (ACTA), which is announced in2010, is a manifestation of theParties’ expectations for new international protection standards of intellectualproperty, this agreement contains a lot of regulations about border measures whichset higher protection standard than the TRIPS agreement. The IPR border measureshave important position both for a country and the entire system of internationalprotection of intellectual property. The United States ever sue China in WTO aboutChina’s IPR customs measures. It can be foreseen that the higher protection standardof border measures in ACTA agreement will create a variety of effects on our country.However, in addition to reflecting the improvement of the protection standard, thereare potential conflicts between some provisions of ACTA and those of TRIPS.Therefore, on the basis of absorbing advanced research methods from domestic andforeign scholars, analysis and judgment about the conflicts between ACTA and TRIPS can help us better react to the possible pressure caused by ACTA. Thecompliance study of ACTA will help us promote the improvement of China’s IPRborder measures to meet challenges from the international community, based on theimplementation status of China’s IPR border measures.The master thesis has been divided into four chapters.The first chapter is the introduction to international protection of IPR andborder measures. Firstly, this chapter introduced the development situation ofinternational protection of IPR, the whole process was divided into three stages, theera before the TRIPS, the era of TRIPS and the ear of ACTA, some representativeinternational covenants and international organizations of each stage were alsointroduced to reflect the characteristics of the development of internationalprotection of IPR. Since the TRIPS agreement is the reference object of thecompliance research on ACTA, the generation and meaning of TRIPS were analyzedas key point. Furthermore, some important concepts about IPR border measureswere defined, including its adjustment target, sources of law, its relationship with thecustoms protection, the meaning of IPR border measures in both national andinternational aspects were explained.The second chapter discussed the outline of ACTA and relative IPR bordermeasures. Firstly, the writer analyzed the characteristics and main contents of ACTA.Then this chapter introduced the regulations about IPR border measures in detail,mainly focused on the scope and remedy system.The third chapter compared the relative regulations about IPR border measuresbetween ACTA and TRIPS. Firstly, this chapter described the ACTA agreement’sheritage and development on TRIPS. Secondly, the possible conflicts between ACTAand TRIPS were introduced as key point, including the theory basis of conflict, thespecific provisions and conflicting ways, and attempt to solve the potential conflictsby the principles of provision explanation and the priority of mandatory obligationsof TRIPS agreement.On the basis of the previous chapter, the last chapter analyze the possibleimpact of ACTA, including its impact to the multilateral system of international protection of IPR, developing countries and our country, China. By analyzing anddiscussion above, the writer tried to point out some strategies to deal with ACTA, inaddition to uniting other developing countries, making full use of the contradictionsamong developed countries, and seeking possibility of bringing a lawsuit underWTO, what is more essential is to improve our legal system of border measures ofintellectual property to gain initiative in future international society.