Border Measures. Trips System

As one production of intellectual property in TRIPs, the Border Measures seems efficient and timely. In modem international trade, the infringement of intellectual property rights becomes ever serious while the proportion of high-tech production is increasing. According to statistics, the volume of counterfeit s trade all over of world is about 100—120 billion every year, accounting for 5—8% of the quantum of world trade. Although the international conventions have begun offering protections to the intellectual property since 1883, they cannot hold out the serious infringement because of theirs demerits. The unilateral protections to theirs intellectual property of some countries either couldn't hold out the infringement for high cost and inefficiency. So a protection mechanism that can coordinate every country is exacted. In 1986, the intellectual property was brought into the negotiation of Uruguay appealed by the developed country led by the U.S.A, and come to the Agreement of Trade Related Intellectual property rights (TRIPs) in 1994. The. TRIPs offers extensive and integrative protections to the intellectual property.Based on the TRIPs, this thesis reviewed the border measures of Europe, Japan and the U.S.A, studied the regulations about border measure of China, and found the differences of these countries. Through comparison the regulations of China are different with other countries in objects, process, fights and obligations of interested parties. According to the rules of TRIPs, the objects of the Board Measures applied are divided into legal applied goods, allowable applied goods and exceptional case. The legal applied goods are goods of counterfeit trademark and piratical, which are the minimum standard of the Board Measures. As to other intellectual properties, the TRIPs don't demand that they should be applied, but the members of the GATT can make such regulation. The GATT excludes some goods such as minim imports parallel imports and customs union trade. The applying procedure of the Board Measures can be divided into two modes, one is according as application of interested party and the other is according as power of competent authority. There are remarkable differences in applying time, condition, guarantee, rights and duties of interest parties of this two mode. It is necessary of the interested party to remain abreast of two modes applying procedure to protect theirs legitimate interest.In the Board Measures, as the state organ, the custom owns much power and so(?)it should undertake more obligations such as inform timely, keep business secrets, and fitting together with other department. Since the suspected goods are directly connected with the owner of intellectual property right and importers and exporters, the rights of examining goods and acquiring interrelated information are required.In the final part, the paper discusses some ways to improve domestic Board Measures such as the scope of application, the start-up of the procedure, and the rights and obligations of the interested parties. The Board Measures are very important in controlling infringement of intellectual property rights especially in the counterfeit trademark and pirate. In company with the development of international commerce, the board measures will be more and more reasonable and efficient.