碩士 / 東吳大學 / 法律學系 / 101 / Trademark rights are some kind of the so-called intangible property rights and recognize to be private rights substantially, therefore the disputes with regard to trademark rights or trademark infringement should be settled through the civil relief procedures accordingly. However, due to the huge potential commercial interests, the fair competition and the interests of consumers, the Article 1 of Trademark Act reveals: “This Act is enacted for protection of the rights of trademark, certification mark, collective membership mark, collective trademark and the interests of consumers, maintenance of fair competition, and promotion of development of the industry and commerce.” In consequence, trademark rights are not only concerned with private interest protection of the trademark owner, also with public welfare, consumer interests and fair competition. Whereupon the influence of trademark rights in the world cannot be underestimated today.
With the prevalence of global liberalization, there is a widespread circulation of intellectual property goods or service. Just because there are so many commercial interests implied in intellectual property rights, the advanced countries of the intellectual property rights are aggressive over enactment for protecting trademarks, patents, copyrights, integrated circuit layout rights, trade secrets and other intellectual property rights. Subsequently trade conflicts between countries became inevitable. Seeking to resolve or reduce the above conflicts and promote international cooperation, the various international treaties or agreements are brought into being. Particularly “Intellectual Property Rights Border Enforcement Measures” is always enclosed as a requirement while signing treaties or agreements. The main reason they hold is that by doing border investigation can effectively prevent or reduce infringement of intellectual property rights behavior in the first place. For the time being, the “Intellectual Property Rights Border Protection Measures” has become one of the most important measures in protecting intellectual property rights all over the world, so I think it’s worthy of discussion.
In accordance with Customs Act, imported or exported goods shall declare to Customs. So the suppression of wrongful act, the assistance of trade management, and the implementation of border restriction, etc., also has become an indivisible task to Customs. Viewing that Taiwan Customs to the detention of IPR infringement goods over these years, the number of suspected trademark counterfeit goods is come out on top. Since trademark counterfeit goods on the implementation of intellectual rights border protection can be a representative indicator. In this text, I will start with the analysis of the Customs procedure of dealing with trademark counterfeit goods relate to import and export goods. Then I will examine the legality, the means properly, the actual benefits of the above Customs procedure. And then I will illustrate international and some countries regulations as to trademark counterfeit goods and find the differences when comparing with Taiwan’s. Finally I will put forward specific proposals to make the implementation of IPR border investigation trademark counterfeit procedures reasonable and to let the limited resources of administrative & Court’s resources more efficient.
Key Words：
Trademark Rights；Trademark Infringement；Customs；Intellectual Property Rights Border Enforcement Measures； Border Protection；Border Investigation；Trademark Counterfeit
| Identifer | oai:union.ndltd.org:TW/101SCU00194113 |
| Date | January 2013 |
| Creators | Tseng Yi Yuan, 曾沂淵 |
| Contributors | Hsieh Ming Yang, 謝銘洋 |
| Source Sets | National Digital Library of Theses and Dissertations in Taiwan |
| Language | zh-TW |
| Detected Language | English |
| Type | 學位論文 ; thesis |
| Format | 144 |
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