Research On Customs Supervision Of Cross-border E-commerce Import Goods Intellectual Property Rights

With the development of international trade and the strengthening of border enforcement of intellectual property rights,the enforcement of intellectual property rights in cross-border e-commerce imports has been highlighted as a new problem.At present,China has passed the law to give the Customs the right to intellectual property supervision in order to better protect the relevant rights of intellectual property rights,to prevent piracy,infringing goods disrupt the international trade order.But the emergence of cross-border electricity business has given intellectual property customs supervision has brought great challenges,the Customs and Excise Department on imports of goods intellectual property rights supervision of the workload,law enforcement greatly increased.Based on various problems encountered by customs staff in the field of IPR supervision,this paper discusses some theoretical issues concerning customs supervision of IPR import of cross-border e-commerce.Analyzes the problems encountered in the process of customs supervision of intellectual property rights of imported goods in China.Although the law of our country provides the power of supervision of intellectual property rights of the Customs,but its provisions are crude,the upper law and the provisions of the lower law there is a conflict,and provides a "reasonable use" of the exemption system,but for what is reasonable to use,Customs law enforcement is difficult to judge.In the specific regulatory process,China's intellectual property investigation process is very cumbersome,the items of intellectual property rights of the customs are not sufficient,coupled with the customs officers of the intellectual property rights is not enough,which are for the intellectual property customs supervision increased the difficulty.Second,through the international inspection of intellectual property customs supervision,comparison can be found in developed countries and regions of the intellectual property border protection system of advanced.The United States 337 investigation system has strong adaptability,autonomy and operability,the investigation time is very urgent,relief measures have a strong deterrent.The protection of intellectual property rights in the United States is highlighted,and the protection of intellectual property rights in import trade is simple and effective.EU intellectual property customs protection of a wide range of procedures to simplify,saving the cost of law enforcement,reducing the burden on the parties.This is of great significance for improving China's IPR customs supervision system.Finally,on the basis of this,we discuss the construction and improvement of the customs supervision of the intellectual property rights of the imported goods of cross-border electrician.This part mainly deals with the concrete measures of further improving the system from the aspects of legislation and law enforcement,aiming at the shortcomings of China's intellectual property customs supervision.It mainly includes amending the relevant laws and regulations,improving the simple procedure of protecting the intellectual property rights of the street channels,increasing the customs initiative,establishing the risk management mechanism,strengthening the international exchange,further improving the business ability of the customs law enforcement personnel,etc.,with a view to continuously improving our intellectual property rights Customs supervision system,maintaining a fair and equitable market competition order.