The Research On China's Intellectual Property Border Measures

The rapid development of trade globalization makes intellectual property more and more important,and the system of intellectual property protection has gradually formed a trend of global integration.Intellectual property border measures(customs protection)as a direct and effective means of protection has been favored by all countries.However,the intellectual property powers led by the United States and the European Union do not meet the "minimum standards" of border measures in the TRIPS Agreement,and try to protect their own intellectual property rights by establishing new agreements.ACTA?TPP?CPTPP? the European Union EPAs and SECURE contain a large number of TRIPS-plus clauses,which can fully reflect the expectations of all parties for the new standards of enforcement of intellectual property border measures.The innovation of this paper lies in that,on the basis of many scholars' research on border measures of intellectual property rights,some representative developed countries and developing countries similar to our country as well as various TRIPS-plus treaties are considered comprehensively,and compared fully with the TRIPS Agreement and the present situation of border measures protection in our country,compared with the border measures in only one or two TRIPS-plus treaties before.The study of border measures is more comprehensive and specific by applying or analyzing all intellectual property protection provisions of an agreement.This paper is divided into four parts: introduction,body,conclusion and thanks.The body is divided into four chapters:Starting from the basic theory,this paper briefly introduces the concept,combs the development,current situation and existing problems of border measures of intellectual property rights in China by using literature analysis,comparative analysis and inductive summary,and fully studies the practice of developed and developing countries in the field of external distribution,as well as the specific content of border measures in TRIPS-plus treaties.Through the border measures of intellectual property rights in China,this paper makes a thorough analysis of the development,current situation and existing problems of border measures of intellectual The problems existing in the implementation are deeply analyzed and the causes are grasped.Combining with the current situation and development direction of our country,operational measures to improve our border measures are put forward to promote our country to actively respond to new changes,actively adapt to new requirements,solve difficulties and problems,and vigorously enhance our border measures.After argumentation,China should define its own position,not only keep the rhythm of self-striving to become a powerful intellectual property country,but also conform to the trend of international trade border measures protection,but also incline to the value orientation of protecting the rights and interests of human rights.Establish and improve domestic laws and regulations,appropriately expand the scope of protection objects of border measures,incorporate logos,enterprise names,trade secrets,and technological processes into the Customs Protection of border measures,and pay attention to the way of border protection of patent rights;incorporate special areas such as "transshipment" and "transit" into the enforcement of border measures of intellectual property rights to avoid China becoming a "springboard" for the circulation of infringing goods;To reduce the cost and burden of defending the rights of applicants,we should change the filing system and guarantee system under the procedure of initiating border measures according to authority,standardize customs detention procedures to make them conform to the provisions of the upper law and reduce the unreasonable cost burden of the parties concerned,adjust the order of dealing with infringing items of intellectual property border measures,and further realize the direction of supervision in dealing with infringing with infringing goods.Balance of interests.It is hoped that by taking the above measures,we can continuously safeguard the legitimate rights and interests of the right holders and promote national innovation.At the same time,we will unite other developing countries and non-governmental organizations to closely focus on the protection of intellectual property border measures under the multilateral system of TRIPS Agreement and prevent developed intellectual property powers from overusing TRIPS-plus to implement domestic laws.The shortcomings of this paper are as follows: Firstly,the research method of this paper relies on the description and analysis of theory,coupled with the author's illegitimate birth and limited cognitive level.The theoretical analysis involved in this paper is generally simple,and the research lacks depth.Secondly,a comprehensive and systematic study of border measures requires in-depth investigation and a large number of materials and cases to support the conclusion.However,this paper has less data collection and no model tools for quantitative analysis.Thirdly,most TRIPS-plus treaties are negotiated secretly,especially in the early stage of negotiations.As a developing country,China participates more passively after the event,so part of the analysis is not deep enough because of lack of information.