Research On Intellectual Property Border Measures In CETA

In the process of globalization of the world economy,some developed countries have taken the lead in shifting to the development model of knowledge economy,so the importance of intellectual property protection system is prominent,and border protection is an important part of intellectual property protection.The Agreement on Trade-Related Aspects of Intellectual Property Rights(hereinafter referred to as the TRIPs Agreement)is the first and only international multilateral treaty in force that comprehensively provides for the procedural and substantive rules of border protection.However,it only sets minimum standards for intellectual property border protection.Since then,major developed countries such as Europe and the United States have led the negotiations on the Anti-Counterfeiting Trade Agreement(ACTA)aimed at strengthening the standards of intellectual property enforcement in international trade,aiming to improve the standards of border protection,but in the end,it has not yet entered into force.The EU also hopes to use its own strength to implement the border protection system needed by the unilateral,bilateral,regional and global measures to reflect and safeguard the interests of rights holders in the region.The intellectual property chapter of the EU-Canada Comprehensive Economic and Trade Agreement(CETA)includes border measures,which can be seen as one of the attempts of the European Union to internationalize its border protection standards through regional free trade agreements.This article hopes to analyze the specific rules of the CETA border measures.On the basis of this,discuss how to improve China's intellectual property border measures system.The first part of this article is an overview of IP border measures.Firstly,the concept of "Intellectual Property Border Measures" was clarified through the analysis of related concepts.Then,the development process of the intellectual property border protection system in the world was introduced.Through the background analysis of the TRIPs Agreement and ACTA,we tried to explore the essence of the border measures.The second part is an interpretation of the substantive rules of CETA's intellectual property border measures.The content includes the scope of border measures and determination as to infringement.The application of intellectual property border measures in CETA includes goods infringing copyrights,trademarks and geographical indications.Each Party shall adopt or maintain procedures with respect to import and export shipments.The Customs has the right to make a judgment on the alleged infringement of the goods and to make an administrative penalty.The third part is an interpretation of the procedural rules of CETA's intellectual property border measures,covering the way in which the border measures procedure is initiated,the guarantees provided by holders of intellectual property rights and equivalent guarantees,and the manner in which infringing goods are disposed of.Under CETA,the way to initiate border measures is ex officio and in accordance with the application.In the case of the application initiation procedure,the holder of intellectual property rights should provide reasonable assurance and equivalent guarantee.If the suspected goods are ultimately found to be infringing the corresponding intellectual property rights,they should be destroyed.If they cannot be destroyed,they should be prohibited from entering the commercial channel.The fourth part compares CETA with the relevant provisions of the TRIPs Agreement and ACTA,and concludes that the CETA regulations on border measures are very similar to those of the ACTA,and generally exceed the level of protection under the TRIPs Agreement.The last part first analyzes the possible impact of CETA intellectual property border measures on China,and then puts forward China's countermeasures and proposes to improve China's intellectual property border measures.