On Customs Protection Of Intellectual Property

With the prosper of the international trade, the situation about violation of the intellectual property rights in the trans-border trade become serious and can not be just ignorable. The administrative power on foreign trade is separated and shared by different governmental department. They support and cooperate with each other in the surveillance of international trade. With the legislation and judicial progress in the intellectual property rights, now most states in the world are seeking for administrative protection of intellectual property rights, especially for the border protection of customs. Customs is the firm defender of the system of healthful commercial activity, and also the guard of the deadline of the protection against the theft of IPR. The execution in the customs surveillance on foreign trade may be the most sophisticated part of the IPR legal protection. Most of the laws and rules are implemented through the live administration of customs. The national foreign trade law system and national customs law system are the most important legal base for the customs administration. How to connect these two legal systems and harmonize them is worth researching and drawing the attention of the customs administration.Most of the local companies in china now ignoring the legal protection of IPR, and such kind attitude will put them in a dangerous situation in the international trade. Based on the agreement on trade related intellectual property rights and the relevant national law and rules, this paper tries to figure out the way of establishing a legal mechanism of customs administrative protection on IPR.