| Customs protection of intellectual property refers to the system in which customs,in accordance with national laws and regulations,implement measures such as suspending the release of goods and imposing penalties for infringement on intellectual property at the border.The customs protection system for intellectual property originated in the West,developed through independent protection of intellectual property,and expanded outward to protect global networks.In order to better safeguard their own interests and position themselves at a more favorable new height of development strategy,countries are constantly updating the content of intellectual property border protection based on their own national conditions,and constantly pushing up international intellectual property protection standards under the leadership of developed countries.Firstly,on the basis of clarifying the concept of customs protection of intellectual property rights and other basic information,this paper clarifies the current development history and law enforcement mode of customs administrative protection of intellectual property rights in China,introduces the international conventions on intellectual property protection that China mainly participates in,and further clarifies the rights and obligations of China’s customs.Secondly,we will deeply explore the scope of enforcement objects and the shortcomings in specific administrative enforcement of China’s intellectual property customs protection system.On the one hand,it is the applicable objects of intellectual property customs protection.From the perspective of the scope of applicable objects and enforcement targets,the applicable objects are relatively few,which is insufficient to meet the needs of intellectual property protection in the current era of international trade volume development;On the other hand,a detailed analysis is conducted on the administrative enforcement of intellectual property protection in China’s customs,and legal provisions are elaborated on three aspects of administrative enforcement.The current implementation status and existing problems are analyzed in detail: firstly,the regulatory process of intellectual property protection in China’s customs is relatively vague,with conflicting and incomplete definitions among various legal provisions;The second is the analysis of the enforcement power of intellectual property protection in some regulatory links of China’s customs.The laws and regulations on which it is based have not provided clear explanations,but have instead limited its power.This measure should actively adapt to the development trend of contemporary free trade zones,be updated and included in the scope of supervision,and clarify the scope of customs enforcement;Thirdly,it is difficult for customs to determine infringement behavior,and the responsibilities of the court can be further clarified during the determination process;The fourth issue is the value determination and punishment of intellectual property infringement goods and items.The value determination needs to be improved in terms of actual value and punishment standards,and some measures are worth referring to the advanced experience of developed countries abroad.Finally,by comparing the border protection law enforcement of leading countries in intellectual property protection,such as the European Union,the United States,and Japan,drawing on their concepts and measures,and within the framework of the TRIPS Agreement,some path choices that can be improved in legal systems are proposed,and institutional construction is strengthened and interconnected,in order to provide stricter protection for China’s intellectual property and establish a customs protection system for intellectual property that is more in line with China’s national conditions,To provide more solid guarantees for law enforcement,in order to enhance the country’s soft power in the rule of law,and to seek greater development space in the international trade environment. |
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