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The Study Of Border Measures On The Goods In Transit Through Free Trade Zone

Posted on:2018-03-20Degree:MasterType:Thesis
Country:ChinaCandidate:M Y HaoFull Text:PDF
GTID:2346330515488027Subject:International Law
Abstract/Summary:PDF Full Text Request
As the development of the Free Trade Zone(FTZ)and the International Transit,the study of Border Measures on the Goods in Transit through Free Trade Zone becomes a focal problem.Border Measures on the Goods in Transit through Free Trade Zone is the administrative actions,which according to the relative legislation,the customs enforce to protect the Intellectual Property Rights(IPR)within the free trade zone.Border Measures on the Goods in Transit can protect the interest of the owners of IPR,as well as the national interest.There are some problems on the Border Measures on the Goods in Transit through Free Trade Zone.First of all,if the customs has the legal right to enforce the Border Measures on the Goods of Transit,as the goods in transit cannot flow into the domestic market will damage the interest of IPR in the market and of the nation,especially the goods in FTZ.The enforcement of customs' border measures on goods in transit depends on the impact from goods in transit on the environment and image of international trade.As well,another problem is that if the customs has the rights to enforce the Border Measures in the FTZ.The FTZ is an area that is within the territory and in the customs area;the customs can enforce any actions in the FTZ.Study on the regional trade agreements and the international treaties,TRIPs and the ACTA,also should be helpful to figure out the Border Measures on the Goods in Transit through Free Trade Zone.From the TRIPs to the ACTA,the application scope of border measure is expanding,and the standard of infringement lowering and border measure can be applied to the goods in transit.Besides,the legislation and practices on Border Measures of Goods in Transit of other countries have made achievements.The border measures of EU have changed from the Manufacturing Fiction to the back sale since the case of WTO DISPUTE 408 and 409 in 2008.EU has eliminated the infringement for protecting the heath,public interest from the application of border measure.As well,as,the USA also set up the position of FTZ,that in the favor of reduction of tariff and customs procedures,the FTZ can be considered as the area outside the USA,when FTZ is always within the territory of USA at the other situations through the case of Cross and BMW.At the end of last century,the Chinese General Administration of Customs has prohibited the infringed goods and the border measure of china begins developing.Although,more than a half of the Regional Trade Agreements that China sighed mentioned the border measures,the border measures on goods in transit are still vacant in China.China should build up a more wholesome IPR enforcement legal system in FTZ to set up the position of FTZ and enhance the corporation between nations.
Keywords/Search Tags:Border Measure, Free Trade Zone, Customs Enforcement, Goods in Transit
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