Study And Enlightenments On European Union Customs’ Law Enforcement System Of Intellectual Property Rights

Recently, with the acceleration of global integration and trade liberalization, theimportance of international trade for a country’s economic development graduallycome out, and with large number of illegal goods which infringe intellectual propertyrights swarm into the international trade, more attention of international trade are paidon the customs protection of intellectual property rights."TRIPS Agreement"explicitly endowed customs with the functions of intellectual property enforcement,customs’ enforcement system of intellectual property rights has become the powerfulweapons to deal with the infringements. The European Union had advancedintellectual property legislative ideas and abundant enforcement experience,especially the customs enforcement of intellectual property rights is worth us studyingand referencing.The author use the methods which are consist of historical study, data analysis,case analysis and comparative analysis to discuss EU customs’ enforcement system ofintellectual property rights from the following aspects. First of all, the author uses thehistorical research method, introduces the developing process of legal basis of EUcustoms’ enforcement system of intellectual property rights, analyzing the relatedcontent, laying special stress on introducing the EU customs’ regulations on theprotection of intellectual property rights and “TRIPS Agreement”. Secondly, theauthor analyzes the general status of EU customs’ enforcement of intellectual propertyrights and several typical cases by data analysis and case analysis. Thirdly, the authoranalyzes EU customs’ enforcement system of intellectual property rights from theaspects of entity and procedure by comparative analysis, contrasts the differences.Finally, the author analyzies the situation and problems of Chinese customs’enforcement, references EU customs’ enforcement system of intellectual propertyrights on the basis of China’s actual conditions, proposes the enlightenments on theintellectual property rights enforcement of Chinese customs and the development ofenterprises.