Studies On Intellectual Property Border Measures On Goods In Transit In China

Intellectual property border measures are the relevant measures taken by a local border law enforcement agency(customs)to investigate,protect intellectual property rights and punish infringement of products entering or leaving the border.During a long period of time,IP border measures have been mainly used on import and export products.With the extension of the international trade chain,it is common to process and assemble goods in transit.The level of concealment of infringement is gradually improved in transit,and it does great harm to the whole chain of global trade.Therefore,the significance of intensifying customs supervision and implementing IP border measures on goods in transit have been realized by many countries around the world.On January 15,2020,the Chinese government and the U.S.government signed the economic and trade agreement,which requires the two parties to work hard to strengthen border law enforcement cooperation and reduce the number of counterfeit and pirated goods in transit.The signing of the economic and trade agreement confirmed China's attitude towards IP border measures for goods in transit and reiterated the necessity of building the relevant legislative system.In accordance with the requirements of the agreement,each party shall choose an appropriate way to implement it in its own legal system and practice.If necessary,both parties shall put forward suggestions on amending the law to the legislature in accordance with domestic legal procedures.As a result,in order to fulfill the promise and implement the agreement,it is high time for China to learn from the practice and legislation frame of other countries and put forward sound legislation on goods in transit.This paper is divided into four parts.The first chapter is an overview of IP border measures for goods in transit.Based on the definition of goods in transit,this chapter explains the specialty and necessity of intellectual property border measures on goods in transit.The second chapter is the analysis of international legislation on IP border measures for goods in transit.This chapter combs the representative legislation in multilateral conventions and free trade agreements,concluding that the current trend is to improve the enforcement of in-transit IP border measures and strengthen international cooperation.Then it briefly introduces the current situation of the implementation of IP border measures in the globe.At the end of this chapter,it evaluates the current legislation system in China and points out key problems are that the procedure to initiate law enforcement and dispose the goods does not have perfect legal support,founding a basis for the following study of the legislation system in China.The third chapter is the legislative improvement of the customs law enforcement initiating procedures,which involves action by the customs authorities and action upon application.The fourth chapter is the legislative improvement of the customs disposal and destruction procedure of suspected goods,including the identification of suspected goods and the disposal procedures.In view of the above problems,the value orientation and implementation effect of the relevant international legislations are compared and analyzed,and suggestions for the improvement of China's legislation frame are put forward in the third and fourth chapter.By improving the legislation of IP border measures on goods in transit in China,infringement can be deterred,innovation be protected,and China get helped to participate in the new era of IP global governance.China will be prevented from becoming a "warm shelter" for counterfeit and pirated goods in transit,and the safety and efficiency of the global chain of trade will be guaranteed.As a result,it is instrumental for the rapid development of shipping agencies,and customs ports in China can play the role of logistics transfer hub more safely and efficiently,maintaining an important position in international trade.