Research On Improving The Enforcement Capacity Of Intellectual Property Customs Protection Policy From The Perspective Of Risk Theory

Intellectual property customs protection is one of the important parts of intellectual property system,and it is also one of the important contents of intellectual property strategy of all countries in the world.With the increasing international economic and cultural exchanges,the importance of intellectual property customs protection has become increasingly prominent.Since the reform and opening up,China has continuously improved and improved its intellectual property system,which provides a strong guarantee for reducing the friction of international trade,protecting the legitimate rights and interests of rights holders,creating a good business environment,and improving the overall ability of independent innovation.Especially in recent years,China’s customs system has continuously promoted business reforms and strengthened the implementation of policies,which has made great progress in the level of intellectual property customs protection.However,since the protection of customs intellectual property rights is at the grassroots level,how to continuously improve the implementation of grassroots policy has become a very worthy theoretical and practical issue.Taking the F customs as an example,this study discusses how to improve the enforcement power of the customs protection of the intellectual property rights of the basic level,in order to help solve similar problems on a larger scale.Based on the systematic review of the existing research,this study reviews the policy and regulations of the intellectual property rights customs protection in China.Then,through unstructured observations and visits,a more in-depth field visit was made to the implementation of the intellectual property protection policy of Customs F.It is found that although the IPR customs protection policy has been well implemented in the F customs in recent years,there are also some bottleneck problems: First,it is caused by the policy and regulations themselves and the corresponding process adaptability.Among them,the filing system is not perfect enough,the application of policies and regulations,and the disposal of infringing goods.The second is the problem of the object of supervision.Among them,the problem of the lack of legal consciousness of the two parties and the weak awareness of the rights of the rights of the rights of the right are the most prominent.The third is the problem arising from law enforcement agencies and their personnel.Among them,the problems of law enforcement personnel staffing,law enforcement capabilities and enthusiasm of law enforcement personnel are more prominent.The author believes that in the context of risk society,the intellectual property system,including the intellectual property customs protection policy,is essentially to prevent and solve various risks caused by information asymmetry.While a range of institutional regulations and policy settings can significantly reduce risks,their implementation also involves many uncertainties and hides a wide range of risks.Based on this understanding,the author puts forward the following suggestions for the outstanding problems in the implementation of the IPR customs protection policy: First,continuously improving the policy system,with the emphasis on accelerating the implementation of the supplementary declaration system for IPR status.We will explore ways to improve and fully implement the system of pre-identification of intellectual property rights as soon as possible,and vigorously introduce and gradually improve the reconciliation system.Second,strengthen the publicity of policies and regulations.The emphasis is on the one hand to adopt various forms and channels to strengthen the publicity of relevant policies and regulations,so that the parties know the law and understand the law,and then respect the law and abide by the law;The field is to strengthen the disclosure of information and refine the measures of "disclosure in the matter" and "disclosure after the event".Third,strengthen the system of law enforcement administration.The focus is on strengthening cooperation among enterprises through increasing the use of the IPR customs filing system,actively conducting training in IPR Customs enforcement and encouraging reporting,while working to improve joint law enforcement mechanisms,firmly establish innovative thinking and modernize management tools.Grasp the "first power" of science and technology innovation,and use intelligent construction as the engine to drive the modernization of customs work.This study is based on the field investigation of the F Customs.From the perspective of risk theory,the article initially discusses how to improve the enforcement power of the customs protection policy of the grass-roots customs intellectual property rights.Therefore,there are many omissions in theory and method,and the relevant suggestions are still to be tested in practice.