A Study On The Problems In China Customs Protection Of Intellectual Property

Under the circumstances of global incorporate economy,knowledge-based economy tends to be more important in the international trade,IPR(Intellectual Property Rights)has become the key to the cultivation of a country's core competitiveness and national economic development.What can not be ignored is that the infringement of intellectual property rights in the international trade is getting worse.It not only destroys the normal trade order but also causes huge economic losses in the international community.As customs is one of the administrative organs that responsible for the supervision on import and export goods,customs protection plays an important part in the protection system of IPR and is getting more and more attention of the countries.Since “Regulations of the People's Republic of China on Customs Protection of IPR ”was promulgated and implemented in 1995,China constantly revised the laws and regulations on customs protection of intellectual property.It gradually establishes a system of customs protection of IPR which suits its reality.But the Free Trade Zone construction puts forward higher requirements that the order of the customs clearance should be more convenient.How to innovate the mode of customs supervision and synthetically use the information technology has become a hot issue in current study of customs supervision theory,which can not only helps intellectual property infringement cases solved quickly and effectively but also provides a good innovation environment for the healthy development of the Free Trade Zone.This thesis integrates several research methods,such as inductive reasoning,comparative analysis,case analysis etc.Firstly,I objectively analyze the current situation,features and problems of customs protection of IPR in our country.Secondly,I introduce the TRIPS agreement which is widely used in the international community and the ACTA agreement which breakthroughs TRIPS in many ways.By comparing the advanced supervisory process and regulatory features of customs protection of IPR in the United States and the European Union,I provide a reference for China Customs.Thirdly,customs should take special supervision measures to meet the need of our country's Free Trade Zone construction.In this thesis,I analyze several hot issues,such as transit goods,parallel import,infringement in foreign-tradeOEM processing.Finally,I put forward some countermeasures and suggestions in favor of China Customs protection of IPR to balance the social public welfare and the holders' interest.