Study On Border Protection Of Intellectual Property At Pilot Free Trade Zones In The New Era

In order to meet the challenge of economic globalization,China has put forward the strategic goal of accelerating the construction of intellectual property power.While pursuing trade freedom and convenience in the pilot free trade zone,this strategy strengthens the application of the border protection system of intellectual property in the pilot free trade zone.and,the border protection system of intellectual property in the pilot free trade zone provides institutional guarantee for the strategy of strengthening the intellectual property power.Since the establishment of Shanghai pilot free trade zone,the border protection system of intellectual property is facing new dilemma: on the one hand,in-transit goods,foreign OEM processing and parallel imports and other trade forms have an impact on the old system of border protection of intellectual property,that caused by the old system has been unable to meet the demand of the pilot free trade zones to trade liberalization and convenience;On the other hand,there are conflicts between trade liberalization and the border protection of intellectual property in the pilot free trade zone.The legitimacy of the customs in enforcing protection measures of intellectual property in the pilot free trade zone is questioned;There are conflicts between the application of intellectual property law and customs law in the pilot free trade zones.In order to cope with the dilemma of the border protection of intellectual property in the pilot free trade zones,border protection system in the pilot free trade zones should fully absorb the reasonable experience of American and EU: Maintain a high degree of trade liberalization in enforcement of border protection of intellectual property;(2)legislation and judicature promote the enforcement of border protection of intellectual property in free zones.We should strengthen top-level design and improve the system of border protection of intellectual property in China's pilot free trade zones.To be specific,these improvement measures include :(1)strengthen the multiple rights protection and the functional characteristics of trade barriers of the border protection of intellectual property in the pilot free trade zones,and reflect the dual value between the border protection of intellectual property and trade liberalization in China's pilot free trade zones;(2)try to use the procedure of "publicity--comment--explanation" to ensure the legitimacy of China's customs in enforcing border protection of intellectual property in the pilot free trade zones;(3)strengthening the applicability of the border protection system of intellectual property in China's pilot free trade zones;(4)the connection and interaction between the non-litigation mechanism and the litigation mechanism should be improved in the intellectual property disputes in the pilot free trade zones.