On Legal System Of Intellectual Property Rights Border Protection Of Goods In Transit In Free Trade Zone

Some countries have already established the legal system of intellectual property rights border protection of goods in transit in free trade zone at present, but there are still some problems exist in this system. For example, the standard in the USA and the European Union for the start of the customs enforcement procedure of goods in transit in free trade zone is too low, the enforcement procedure can be started just base on the fact that goods are being transshipped or base on the suspicion of customs, which block the freedom of goods in transit and violate the regional principle of the intellectual property. It's necessary to fulfill this system in order to protect the rights of the owners of the intellectual property and promote the development of the transshipment trade. At the same time, Shanghai free trade zone has just established and the legal system is still in the exploring stage at present. It's of great significance for the establishment of this legal system in China to draw lessons from other countries.This paper utilizes the comparative method, literature investigation method,type-relation research method and discuss according to the logic sequence of putting forward the problem, analyzing the problem and solving the problem. This paper is divided into five chapters, among which the third and the fifth chapter are important.The first chapter introduces the purpose, significance, key points, methods and research status at home and abroad. The second chapter analyzes the relationship between the legal system of intellectual property rights border protection and the goods in transit.The third chapter analyzes the status and the causes of the infringement of goods in transit in Shanghai free trade zone, the status of the legal system of intellectual property rights border protection of goods in transit in Shanghai free trade zone and the problems existing in the legal system. The fourth chapter is about the foreign analysis of the application of this legal system to goods in transit in free trade zone. The fifth chapter isabout the suggestions to perfect the legal system of intellectual property rights border protection of goods in transit in free trade zone.In my opinion, while it's necessary to enforce the law to goods in transit in free trade zone, but what is more important is that we should raise the standards for the start of customs enforcement procedure on condition that there is prime evidence, the customs can enforce the law to goods in transit. Also, it is difficult for rights holders apply for law enforcement model to achieve tangible results due to the difficulties in providing evidences, hence we need to allocate the burden of proof with reason. Last but not least, laws related should be changed for Shanghai free trade zone to clear the law enforcement authority of customs and enforce the law in the transshipment process.For the purpose of exploring the legal system of intellectual property rights border protection of goods in transit in Shanghai free trade zone, promoting the development of free trade zone, it's better to combine with the characters of free trade zone base on the legal system of intellectual property rights border protection and to draw lessons from other countries' experiences.