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Research On The Improvement Of China's Intellectual Property Border Measures Under The New Normal

Posted on:2018-10-12Degree:MasterType:Thesis
Country:ChinaCandidate:S D WuFull Text:PDF
GTID:2346330518464393Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Intellectual property border measures play an important role in preventing and stopping infringement of intellectual property rights in international trade import and export process.All countries in the world are putting more and more emphasis on the adoption and research on intellectual property border measures.Our intellectual property border measures are mainly based on "Regulations of the People's Republic of China on the Customs Protection of Intellectual Property Rights".Over twenty years of development,our total foreign trade amount has exceeded America and become No.1 in the world.Intellectual property right is strengthening the fulcrum effect of economic development continuously.Our intellectual property border measures can't meet the demand of development of economic society gradually,which is presented as unreasonable protection range,inconvenient start program for rights protection,non-standardized law enforcement procedure,not flexible law enforcement method and ineffective connection between customs protection and criminal protection etc;therefore,it is urgent to improve related regulations and improve efficiency of intellectual property border measures.This paper has evaluated the current situation of our intellectual property border measures,analyzed main systems of foreign intellectual property border measures,proposed six aspects of suggestions of adjusting protection range,decreasing startup conditions,regulating abuse of right,increasing methods of law enforcement,standardizing compulsory measures and promoting connection between customs protection and criminal protection based on national situations.In particular,it has made innovative exploration for standardizing compulsory measures and expanding implementing subjects,which is expected to play an active role in improving our intellectual property border measures,further improve the protection level of intellectual property border measures,and then well protect the legitimate rights and interests of intellectual property owners,maintain social public interest and promote the healthy and stable development of foreign trade.
Keywords/Search Tags:intellectual property right, border measures, customs protection, TRIPS agreement, coast guard
PDF Full Text Request
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