Research On The Appropriateness Of The Customs Protection Of Intellectual Property Rights

Customs protection of intellectual property rights is a typical administrative protection,customs carry out the protection of the intellectual property rights related to the goods in the entry and exit links of the goods in accordance with the laws.The development of China's intellectual property customs border protection has been for nearly 20 years.After a period of legislative changes and enforcement,China's IPR customs protection capabilities have made considerable progress.However,there have also been a series of confusions in the construction and implementation of IPR customs protection systems.In terms of private rights,rights holders use customs.There are problems such as unfair competition in the protection system and the rights protected by the customs.From the customs front,the protection provided by the Chinese law enforcement agencies on the border has exceeded the national conditions of our country and the law enforcement capabilities of the customs.From the aspect of import and export,domestic export trade enterprises think that China's customs protection of intellectual property rights has caused them to lose their customers and channels for export,which has affected the interests of local enterprises and the country's foreign trade.From the aspect of public welfare,it has not been proved that strengthening border protection can promote China's economic development.After in-depth reflections on various aspects of the puzzle,China's customs protection system and practice for intellectual property rights began to calmly return and put forward the idea of “appropriate protection of the balance of interests”.This article gives a basic overview of the system of customs protection of intellectual property rights,explores the adequacy of administrative powers in relation to the involvement of intellectual property as a private right under the current system,and combines the problems faced by China's customs enforcement practice and proposes Perfect advice.The first part outlines the basic theory of customs protection of intellectual property.Introduced the intellectual property rights of private property and the theoretical basis of the customs as the executive power exercised by the administrative agencies.The history and development of the customs protection of intellectual property rights in the world and in China,and the significance of the customs intellectual property protection system.The second part analyzes the current situation of China's customs protection of intellectual property rights.The imbalances brought about by the two methods of law enforcement;comparison and judicial protection,over-reliance on the administrative protection of customs by right holders;abuse of power by individuals,companies and other organizations leads to unfair competition;and excessive interference of administrative power under reconciliation systems..The third part describes the other developed countries' comparison of the customs intellectual property protection system with the customs intellectual property protection of the United States,the European Union and other countries.The fourth section puts forward suggestions for improving the protection of intellectual property in China.The first is the classification and protection of the implementation of intellectual property;the second is the understanding of the lack of customs law enforcement capabilities,the introduction of judicial review system;the third is to treat reconciliation and strengthen private rights protection;fourth is to strengthen administrative relief,emphasis on private rights confrontation.