Study On IPR Border Enforcement Mechanism Of Transshipment In FTZ (China)

This thesis focuses on the border enforcement mechanism of intellectual property in transshipment within free trade zone in China by analyzing the correlative systems of the EU and the United States. After briefly clarifying the research scope and analyzing the overseas and domestic research status and the significance of the research, the preamble proposes the research tracks used throughout the whole thesis and the structure of the paper. This thesis is divided into two chapters and ends with conclusions.In Chapter one, the basic theory about the border enforcement of intellectual property in transshipment within free trade zone is elaborated. First of all, the concept of free trade zone and the legal status of the customs in the free trade zone are clarified. Specifically, the customs in the free trade zone have the power of border enforcement, except the import taxes. And then secondly, the Chapter one defines the meaning of the good in transit and border enforcement of intellectual property. Ultimately, it elaborates the necessity of the border enforcement of intellectual property in transshipment within free trade zone in China.Chapter two expounds the issue on border enforcement mechanism of intellectual property in transshipment within free trade zone in China. In the first place, this chapter clarifies the rule of the border enforcement of intellectual property in transshipment within free trade zone in China by analyzing the rules of the IPR border enforcement of transshipment in EU and the United States which is named "the theory about the possibility of entering the market" which originates from EU. In the next place, it conducts a research on the system of IPR Border Enforcement which roots in 《Regulation (EU) concerning customs enforcement of intellectual property rights》 which is promulgated in 2013 from four aspects:scope of application, scope of the object of rights, enforcement procedure and the enforcement concerning international cooperation. Finally, on the basis of the existing laws and regulations on border enforcement of intellectual property, we should firstly definite the power of custom’s regulatory of intellectual property in transshipment within free trade zone in China, and then we may cope with the customs’ difficulties in enforcement from the four aspects:improvement of existing record system, reduction in criterion of the procedure of application, innovation of enforcement procedure and the enforcement mechanism concerning international cooperation. Corresponding with this, we hope that the suggestions we gave will be effective in promoting the establishment of mechanism of border enforcement of intellectual property in transshipment within free trade zone in China.