Research On Anti-counterfeiting Trade Agreement

In the framework of the WTO and WIPO, Trade-Related Aspects of Intellectual Property Rights Agreement provides for minimum standard of protection of intellectual property rights, but the developed countries were not satisfied with this standard, they focus on the enforcement practices, so they formulated the "Anti-Counterfeiting Trade Agreement" secretly. ACTA contain civil enforcement, criminal enforcement, border measures and the enforcement in the digital environment. The standards of ACTA are higher. ACTA will affect international intellectual property enforcement system. And it also has a great effect on current intellectual property legislation system and the development of China’s export trade.This article through studying the background, main contents and characteristics of ACTA, analyzes the relationship between ACTA and the TRIPS agreement. And we find ACTA exceeded the scope of the TRIPS Agreement. This article also compares ACTA to China’s international intellectual property enforcement measures and finds problems of our China’s intellectual property enforcement measures. Therefore, this article presents targeted recommendations and strategies to deal with ACTA. To eliminate the impact of ACTA on China, we must implement intellectual property strategy unswervingly, promote the construction of legal system of intellectual property rights, Joint developing countries to boycott ACTA, protect our interests.This article mainly includes seven parts. The first part is an introduction of this paper. The second part is a overview the "Anti-Counterfeiting Trade Agreement" and the impacts of ACTA. The third part has an evaluation of the ACTA from the legal point of view. The fourth part compares ACTA to China’s IPR enforcement measures; the fifth part introduces the present situation and problems of China’s international intellectual property enforcement measures. The sixth part is the perfect proposal. The last part is the conclusion.