Research On Border Measures System About Intellectual Property Right Of Gray Market Goods In China

As we know,with the continuous development and maturation of economic globalization,the trade liberalization becomes an avoidable development trend,under this background,the gray market has quietly risen between the legitimate white market and the illegal black market,whose goods are authorized to manufacture overseas but imported by the others directly to the country where the intellectual property right owner is located,without the permission of the intellectual property right owners.This kind of behavior has aroused widespread concern in the international community.And how to construct a system about border measures of intellectual property right to regulate it has gradually become a hot topic in academic circles.According to the collected literature,although there are differences in the attitude towards gray market goods,there are still commonalities.In another word,the legitimacy of the gray market goods are no longer “one size fits all” but in the light of their respective levels of economic and social development to make choice whether importing gray market goods is legitimate.Compared with the developed countries,border measures of intellectual property right in China started relatively late.Therefore,the border measures system about intellectual property right of gray market goods in China is still at an establishment stage of development.This aspect has been ignored among the legal provisions and the attitude is very uncertain.That is not a long-term plan,obviously.Therefore,the research on related institutional issues in China has important theoretical and practical significance.Based on the comparison of developed countries',developing countries' and China's legal texts,this thesis analyzes the legislative background,characteristics and influence of the border measures of intellectual property by means of standardize analysis,comparative analysis and case analysis and put forward our strategy to improve the border measures system of intellectual property right in China.In addition to the introduction and the conclusion,this thesis consists of the following five parts:The first part is an overview of the border measures system about intellectual property right of gray market goods.This part elaborates the development process and legal characteristics of the border measures system of intellectual property right in gray market.The second part introduces the system of border measures for the intellectual propertyright in gray market goods around the world.By demonstrating the practical experience of the relevant systems in other countries and region,which provides such enrich practical experience in intellectual property of gray market goods as a reference for China's statute and practice in other parts.The third part is the specific content of border measures system for gray market goods in China.This part sorts out the specific contents of border measures for intellectual property rights of gray market goods in China,making sense about the border measures of intellectual property right of gray market goods in China.The fourth part is based on the analysis of the second part,combines theory with practice and studies the worrying of Chinese enforcement in this field.Starting from the current status of China's border measures of intellectual property right for gray market goods,not only analyzing the problems which are faced by China in this area,but providing some reference value for China to improving this legal system.The fifth part focuses on the strategy of improving the border measures system for the intellectual property right of gray market goods in China.By comparing and analyzing the differences and causes of the system between China and the other countries and region,in order to obtain some ideas for improving this system.The conclusion summarizes the full text as follows: First and foremost,China should learn the advanced experience of developed countries,developing countries and the regional area about border measures system about intellectual property right of gray market goods,so as to learn from each other's strengths and improve its own systems;Besides,China should base on its own national conditions,analyze the problems and challenges which China has faced in the practice of related systems and lay the foundation for the corresponding measures provided below;last but not least,according to the problem as mention before,making recommendations about how to improve the border measures system about intellectual property right of gray market goods.