Comparative Study On The Border Protection System Of Intellectual Property Rights In China And South Korea

Since the establishment of diplomatic ties between China and South Korea in1992,the relationship between the two countries has been growing rapidly and the economic relationship is particularly close.In the past ten years,China has become the largest trading partner of South Korea,and South Korea also plays an important role in China's international trade.While the volume of trade between China and South Korea is high,international goods that violate Intellectual Property Rights(IPR)have also appeared in large numbers which disrupting normal international trade order.Both China and South Korea have made efforts in the border protection of IPR.Because of the different social,cultural and legal systems of the two countries,there are many differences between the two countries' border protection systems.By comparing and studying the systems of the two countries,we can find the shortcomings of our own,and discuss corresponding methods to enrich and improve China's border protection system of Intellectual Property Rights.It provides reference for further improvement of China's IPR protection.Based on the analysis of the international legal norms of Intellectual Property Rights border protection,this paper introduces the border protection system of IPR in China and South Korea respectively.By comparing the similarities and differences of the two countries in the context of the same international norm,this paper probes into the shortcomings of China's existing system and puts forward some suggestions to improve it.The whole text is divided into five parts: the first part introduces the relevant international norms of the IPR border protection system,mainly including the TRIPs agreement and WCO Model Law which occupies an important position in the field of IPR border protection,and analyzes their background and main content.The second part introduces China's legal system of IPR border protection,which is consisting of review on the background and historical evolution of the legal system,summary of the main contents,and combing its concrete implementation process.The third part introduces the legal system of border protection of IPR in South Korea,with focuses on its legal system,main content and concrete implementation process.The fourth part compares the border protection systems of IPR between China and South Korea,and analyzes the similarities and differences between the two systems in terms of jurisdiction,scope of protection,application process,implementation process anddeminimis exemption.The fifth part discusses the deficiencies and proposes suggestions for improvement based on the exploration of the shortcomings of China's legal system,scope of protection,application and implementation process,deminimis exemption and legal amendment frequency in the fourth part.The sixth part is a conclusion summarizing the whole text.