Regulation System Of Customs Protection Of Intellectual Property Rights Abuse In China

As the core strategic resources of the knowledge economy era, intellectual property rightshave become one of the most important national strategies to promote economic developmentand social progress today. Companying with China’s market economy and the pace of openingup accelerating, foreign and domestic intellectual property trade rising. Therefore, improvingthe system of intellectual property protection and regulating intellectual property transactions,to promote the China’s economy development and technological progress, is very importantand urgent. It is no doubt that customs protection has unique advantages in protectingintellectual property rights on entry and exit links. Therefore, it has became a priority withIPRs customs protection system that we should perfect the system for IPRs customsprotection, and keep the balance among the interests of IPRs holders, import and theconsignee or consignor and the public. In today’s fierce competition in international trade,more and more phenomenon of abuse of rights come up, and the IPRs customs protection isincreasingly being used as to seize the market, against opponents, monopoly profits of tools,which seriously damaged the interests of balance, contrary to the protection of intellectualproperty the original intention and purpose. In view of this, it is necessary to further improvethe IPR protection system, and to regulate the abuse right on the legislative level, rationalizethe relationship of intellectual property interest, so as to maintain a balance of intellectualproperty rights and the public interest.This thesis includes six parts; it combed the foreign research (mainly based on the TRIPSAgreement) and domestic regulations of IPR customs protection; and then give attention toboth theories and actual practice,from the IPRs customs protection filing, application, detain,investigation aspects, analyze the main forms of abuse and its impact; then from both thesubstantive law and procedural law, in-depth study the phenomenon behind the abuse of rights,which reflects the existing problem of IPRs customs protection system; finally based on theresearch on specific problem of the system, recommends solution how to improve our systemof IPR protection from both legislation and law enforcement.