The Research Of Intellectual Property Border Protection Of The Pilot Free Trade Zone

The pilot free trade zone in Shanghai(SHFTZ for short) is a special region within the territory in China. Because of the bias of notice, lack of institution and the lack of experience, although the IPR border protection of SHFTZ is important, SHFTZ is still easy to become a customs supervision blank area.What’s more, with the birth of multilateral international trade agreements led by developed countries, for example,authorizing the transit country a border measure for in-transit trade, brings new challenges for SHFTZ. The border protection of intellectual property right is one of the important criteria to measure a country’s level of the IPR protection, it has important significance both on the domestic commodity market order and in the maintenance of an image. Therefore, the problem of border protection of intellectual property rights and the construction of FTZ border protection system of intellectual property rights has become a pressing matter of the moment.This article starts from the international treaties, national legislation and regulations understanding deviation of FTZ, cards and corrects the wrong points of FTZ intellectual property protection border protection,and comes up with the conclusion that Chinese customs have the same regulatory enforcement both in and out of FTZ. Then,the article makes analysis of intellectual property protection experience of developed countries and domestic intellectual property border protection status, combined with the actual situation of SHFTZ border protection system of intellectual property rights,points out the problems exising in the IP border protection.For eaxmple, legislative conflict, the defect scope of protection, ineffective patent protection, lace of supervision of in-transit products. Then the article makes the relevant provisions of the international treaty and the analyses nature of transit trade,comes with a conclution that Chinese customes have the right to supervisor the intransit trade in SHFTZ under a reasonable level. Finally, puts forward suggestions on aspects of transit trade of SHFTZ on the basis of regulation and supervision, for eaxmple, create a measure of quick identify, establish a special law for SHFTZ and make full use of international dispute settlement mechanism.