The Research On Customs Protection Of Intellectual Property Rights About Transit Goods In China Free Trade Zone

The establishment and development of the free trade area is of great significance to further promote the development of foreign economy and increase the intensity of reform and opening up.This is not only a new opportunity,but also a new challenge and a new chance for the protection of intellectual property rights in our country.It also provides an important opportunity for China to further improve the customs protection system of customs.Free trade area as an important hub for the development of domestic and international trade,one of the very important function is to promote the development of international transit business,free trade area within the proportion of transit goods will also be with the free trade area in-depth development and increasing,The issue of customs protection of intellectual property rights in transit goods will follow and become more and more prominent.However,the practice and results of customs protection of intellectual property rights in transit goods in China are still in the blank stage.In order to safeguard the international image of China and the free trade area and avoid the "transit point" which violates the intellectual property rights of transit goods,this paper tries to study and explore the customs protection of intellectual property rights of transit goods in China's free trade area on the basis of the current research results on border law enforcement at home and abroad,and put forward suggestions for improvement.This paper analyzes the present situation and the current difficulties of customs protection of transit goods in China's free trade area.The main characteristics are: The proportion of transit goods is increasing,the customs supervision is more focused on providing customs clearance facilities,which is easy for lawless elements to do some illegal things,the investigation of intellectual property rights temporarily blank;and the current difficulties are mainly lack of customs enforcement legal recognition,infringement identified more uncertain factors and customs enforcement legitimacy was questioned.The article also refers to the international treaty on the protection of intellectual property rights in transit goods and the experience of overseas regional free trade practices,the current international treaty temporarily on transit goods intellectual property customs protection as a mandatory obligation,but with the international community's emphasis on intellectual property protection,developed countries on the strong trend of intellectual property protection has gradually affected China,such as the Anti-Counterfeiting Trade Agreement(ACTA)and the Trans-Pacific Partnership Agreement(TPP)both encourage Member States to take border enforcement measures against transit goods.And in the international law on the protection of intellectual property rights of transit goods are not the same,the United States,Switzerland are clearly announced the adoption of intellectual property protection measures,the EU,Singapore are conditional to take intellectual property protection measures,and China Hong Kong,South Africa are clear that intellectual property protection measures are not taken.In some of these countries there are some practices worthy of our reference.Finally,the paper puts forward the proposal of advancing the border enforcement of border goods in the free trade area.Firstly,it clarifies the legitimacy of the enforcement of intellectual property rights by the customs.The law enforcement of the customs does not hinder the freedom of trade.Secondly,improve the relevant laws and regulations so that the behaviors of the customs are legally enforceable,including the improvement of legislation,clearly the law of the transit country and the country of destination as the law,the proposed counterfeit trademark goods,pirated goods and copyright as the main object of intellectual property protection,to determine the customs of the transit country as the main body of infringement.Finally,the provisions of the customs to take the conditions of border protection measures and put forward the concept of law enforcement design.