碩士 / 國立交通大學 / 管理學院碩士在職專班科技法律組 / 97 / The issue regarding intellectual property protection of international business has aroused much attention of the World Trade Organization（WTO）, whose measure of bringing Intellectual Property Rights（IPR） to the level of international common regulations through the form of agreements is a presentation of substantial measures put into effect by countries around the world to improve the current situation of IPR protection. Based on the international flow of products manufactured in China（Made-in-China Goods）, this study probes into the customs measures of IPR protection of China. In addition to the Agreement on Trade-related Aspects of Intellectual Property Rights（TRIPS）of the WTO, the background knowledge of this study also include the historical background of the World Customs Organization’s（WCO’s）influences on the legislation on border measures and its relevant legal copies called “Model Legislation”, as well as the business practice and customs law enforcement of the major and secondary trading opponents of China.
As an explanatory study and based on the border measures of IPR protection, this study focuses on the China’s the border measures of IPR and applies the secondary data study method. This study is divided into the following 5 chapters: Introduction, The causes and current situation o the development of IPR customs protection, International atmosphere and the attitude of trading opponents, Analysis into the IPR customs protection of China, and Conclusion. First, this study tries to understand the reasons, historical background, and relevant regulations of the establishment of IPR border measures. Secondly, it traces back to the history of the establishment of IPR customs protection measures of China, compares China’s legal regulations and international regulations, and observes the systematic aspect of the regulations. Finally, it discusses the practical difficulties of execution and provides suggestions with regard to the systematic and practical aspects of IPR customs measures of China.
The customs measures of the WTO and WCO share the same historical backgrounds. These two measures appear to form the backbone of China border protection for the time being. Other reasons for China Customs to implement IPR protection are U.S-China IPR Memorandum of Understanding (MOUs). After this explanatory study on China Customs’ border measures, the researcher has found out that in addition to environmental factors, China’s negotiation with the U.S. regarding IPR disputes was in fact the major causes of its establishment of IPR border measures. However, it has also been discovered that since the establishment of the IPR border protection system, there still have not been perfect connections between China’s border measures in terms of legal regulations with international measures. Owing to the PRC’s special political-economic conditions, China Customs’ IPR border measures cannot achieve the international standard. They cannot effectively limit the import/export of infringements or counterfeit goods. It’s found some structural problems existing in PRC’s（People’s Republic of China）General Administration of Customs（GAC）that IPR infringements couldn’t be eliminated at all. Furthermore, the challenges of the execution of IPR border protection still need to be overcome. In their enactment as well as in enforcement of IPR border measures, China Customs still has a long way to go. Overall, there is room for improvements regarding the IPR border protection measures of China.
| Identifer | oai:union.ndltd.org:TW/097NCTU5705023 |
| Date | January 2009 |
| Creators | Lu, Chia-Hsin, 盧佳欣 |
| Contributors | Wang, Wen-Chieh, 王文杰 |
| Source Sets | National Digital Library of Theses and Dissertations in Taiwan |
| Language | zh-TW |
| Detected Language | English |
| Type | 學位論文 ; thesis |
| Format | 149 |
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