Study On European Administrative Enforcement Mechanism Of IP Law In Transshipment

It has been6years since the State Council formulated the "Outline of theNational Intellectual Property Strategy", after the promotion of the implementationwith regards to national intellectual property strategy, our country has achievedsignificant improvement on the capability of independent innovation. Moreimportantly, market awareness of protection to intellectual property rights has beenpromoted gradually. Especially when we reach the target of the first five-years, thenumber of patent in China ranks first in the world, and the law enforcement isenhanced obviously.Based on the existing results, the office of the State Council putforward the "In-depth Implementation of the National Intellectual Property StrategyAction Plan (2014-2020)" which requires that quantitative progresses should betransformed into qualitative achievements, targeting improvement of the quality andefficiency of intellectual property.The plan points out that we should focus on the keyareas, including the customs law enforcement, to intellectual property enforcement,and create a benign market environment. Corresponding with this,"2014thePromotion Plan of the National Patent Development Strategy" proposed theestablishment of regulatory regime of intellectual property in transshipment withinfree trade zone in China.This paper mainly adopts the horizontal and vertical comparative analysismethod, runs through the relevant cases on supervision of intellectual property intransshipment, make it clear that what is the trend about the supervision regime.Withthe detailed analysis of latest legislation in developed countries,this article is going toput forward some reference opinions on revision of the relevant law. Transshipmentoften occurs in the area with special customs supervision as free trade zone, and theinfringement may have concealment characteristic.For instance, the infringer couldtransport the components into the customs separately taking advantage of lightregulation in FTZ, processing infringement like assembly of components whichviolate the intellectual property laws, and then change the labels on package,eventually transport goods to the destination country, legalizing the infringing goods. Considering the characteristics of the infringement in transshipment, main difficultiesof customs supervision include the determination of infringement, jurisdictionproblem of infringement issues and balancing between efficiency and justice. On thestudy of international regulatory experience, these points should be given specialattention.Territoriality of Intellectual property rights requires each party shall respect thejudicial independence of other sovereign states, but with the development of globaleconomic integration, the economic value of intellectual property has becomeextremely important benefit sources in the international market. This conflict abovedirectly triggers severe controversy on regulatory regime of intellectual property intransshipment. Negotiations on intellectual property within ACTA and TPP generateddraft rules recently,which had already been widely recognized by all parties.ButChinese customs rules about transshipment are still too general and lack of provisionin the field of intellectual property rights."In-depth Implementation of the National Intellectual Property Strategy ActionPlan (2014-2020)" claimed the demand of study on revision of “Regulation on theCustoms Protection of Intellectual Property Rights", we shall fully consider the trendof rules development on protection of intellectual property rights mentioned above,focus on priorities including improvement of existing record system, simplification ofthe procedure of application, professional determination of infringement and theestablishment of the enforcement mechanism concerning international cooperation.