Analysis On The Enforcement Of Intellectual Property Rights Protection In International Treaties

The so-called "Enforcement of Intellectual Property Rights" refers to the restraint of intellectual property rights violation behaviors by national administrative agencies and judicial agencies in accordance with their own authorities and procedures and the guarantee of entity rights in order to realize legal activities on the premise of enabling free trade of intellectual property. It specifically includes the overall administrative protection represented by administrative management and administrative enforcement and the judicial relief of civil, administrative and criminal procedures. Since intellectual property is involved in the legal frame of WTO, the international protection of it has become an indispensable topic in international economic and trade negotiations. Numerous intellectual property treaties have been signed, which has effectively promoted the legal protection standard of substantive rights by different countries. The tracking of relevant legislative trends has been a hot spot concerned by the academic circle. However, the weak enforcement of entitative standard has led to the rampant counterfeiting and pirating of products. Under the background that international intellectual property law gradually becomes intact, the importance of intellectual property enforcement starts to show. Measures about the intellectual property enforcement are initially regulated by "Agreement On Trade-Related Aspects of Intellectual Property Rights" (TRIPS Agreement). The "Anti-Counterfeiting Trade Agreement" (ACTA) and"Trans-Pacific Partnership Agreement" (TPP) have further enhanced the international enforcement standard on this basis. The enforcement of intellectual property protection in international treaties has been studied along with the analysis of development and improvement about TRIPS Agreement by ACTA and TPP, which is of both theoretical and practical significance.The first part of this thesis provides an overview about the International Intellectual Property Enforcement. On the basis of integrating Chinese and Western scholars’ opinions and exploring the original English meaning, the concept of "Intellectual Property Enforcement" is introduced, and it is divided into two types, namely, administrative protection and judicial relief. Next, by taking the reach of TRIPS Agreement as the demarcation point, the institutional change of the enforcement of international intellectual property protection is fully narrated, from basically the lack of provisions to orderly systematic arrangement. In the second part, the background and implementation of enforcement articles in multilateral treaties of international intellectual property are mainly introduced, among which, TRIPS Agreement has come into effect, ACTA stalled, and TPP is still in the ratification process. Furthermore, the overview of clauses about intellectual property enforcement measures in the three agreements is introduced (that is, the third part "Enforcement of Intellectual Property Rights" of TRIPS Agreement, the chapter two "Legal Framework for Enforcement of Intellectual Property Rights" in ACTA, and the eighth section "Enforcement" of chapter eighteen "Intellectual Property" in TPP), thus providing the basis for further comparison of the differences and changes. The development of ACTA and TPP in the civil enforcement measures, border enforcement measures and criminal enforcement measures of TRIPS Agreement is analyzed and compared in the third part, and regulations about enforcement measures of ACTA and TPP in the digital environment are stressed, which is not stipulated in TRIPS Agreement. The fourth part introduces the influence of intellectual property enforcement articles in international treaties on China, which mainly includes the influence of TRIPS Agreement on China’s current legal articles and the influence of international enforcement development tendency represented by ACTA and TPP on China’s future intellectual property legislation. Finally, by combining the actual environment of China and taking full consideration from the domestic and international levels, corresponding countermeasures are proposed for the "rational coping with the international intellectual property enforcement standard and scientific construction of domestic intellectual property enforcement system".