Research On Cooperation Optimization Of Customs Protection Of Intellectual Property Rights From The Perspective Of Collaborative Governance

Over the past 30 years,China Customs has achieved fruitful results in its IPR protection and enforcement activities,and has made great contributions to combating IPR infringement violations in the import and export chain.Entering a new stage of development,the Party and the State are based on strengthening IPR protection in a comprehensive manner and putting forward higher requirements for related work.In order to fundamentally improve the situation of IPR customs protection,it is necessary to form a synergy with all parties involved in IPR customs protection to achieve a "whole chain" management of infringement violations.As an emerging governance theory in the field of public management,the theory of collaborative governance is suitable for addressing the real problems faced by China’s IPR customs protection,such as repeated infringements in the import and export chain.Based on the perspective of collaborative governance,this paper selects the SFIC model,which is widely used in collaborative governance,to conduct a comprehensive study on the practice of IPR customs protection.It compares the current situation of IPR customs protection in China from the aspects of starting conditions,institutional design,facilitative leadership,collaborative process,and collaborative outcomes,and describes the interaction collaborative between customs,relevant public departments,rights holders,consumers and other participants of collaborative governance.Through empirical research methods such as questionnaires and interviews,combined with the author’s practical experience in IPR customs protection,we find that the number of exported infringing goods is still high,the collaboration between relevant departments needs to be strengthened,there are information barriers between relevant departments,and some participants in the collaborative governance do not know enough about IPR customs protection.The SFIC model is used to analyze these problems from the perspective of collaborative governance theory,and the causes are attributed to the lack or imperfection of institutional design in some governance aspects,insufficient motivation of some collaborative governance participants,power/resource imbalance among some collaborative governance participants,and the lack of necessary leadership driving elements in some governance aspects.Finally,combining with the SFIC theoretical model of collaborative governance,we propose countermeasures such as improving the institutional design to solve the problems of departmental coordination and information barriers,optimizing the incentive mechanism for infringement reports to enhance the motivation for participation,strengthening the policy promotion and training to change the weak power/resources of some participants,and improving the communication among customs,relevant departments and right holders.