Research On The Improvement Of China’s Intellectual Property Border Measures Under The Framework Of CPTPP

In order to meet the CPTPP accession standards and catch up with the new trend of international intellectual property border enforcement rules,China should take the current domestic laws as the center and re-examine the relevant institutional content of China in light of the CPTPP rules.At present,China’s current domestic legislation is similar to the overall level of the CPTPP,but there are still deficiencies in the setting of some rules.First,the provisions on the applicable subjects of intellectual property border measures are not perfect,the type of border competent authority is single,and the scope of protected intellectual property rights is narrow;Second,the scope of law enforcement is limited,not only the scope of customs clearance covered by law enforcement is not comprehensive,but also the geographical scope of law enforcement application is not clear;Third,there are flaws in the relevant provisions of the enforcement procedures,such as the threshold for initiating the procedure is too high,the guarantee mechanism is incomplete,and the provisions on the disposal of infringing goods are unreasonable.To this end,consideration should be given to: first,to reform China’s legislation on intellectual property border measures,improve the main provisions on the application of intellectual property border measures,broaden the scope of enforcement of China’s intellectual property border measures,and optimize the enforcement procedures of China’s intellectual property border measures;Second,improve the level of enforcement of China’s intellectual property border measures,improve the ability to prevent and control infringement risks in the entry and exit links,optimize the coordinated protection mechanism of intellectual property border law enforcement,and strengthen the public service supply of intellectual property border protection.