我国知识产权海关保护问题研究
发布时间：2018-09-12 14:18
【摘要】：伴随着科技的进步，经济的发展，创新产品的推出逐渐成为国与国之间竞争的重要指标，而创新的产生离不开知识的进步，也就是知识产权的发展与提升，也正因为如此,国家间的竞争也就逐渐转变成为了知识产权的竞争，但是由于知识产品的两大特点既无形性和可复制性，因而使得每年就知识产权侵权案件的发生在全世界就高达上万起,其直接造成的经济损失就达上万亿人民币，仅知识产权侵权货物量就占国际贸易总量的10%—20%之间，因此目前各个国家都开始重视在国际贸易中对知识产权的保护，海关作为国际贸易货物进出境的监督与管理的机关，其有能力也有相应的措施对进出口货物实施有效的监管，理应在防止和制止侵权货物进出境方面发挥重要作用，但是令人遗憾的是，由于我国的知识产权权利人维权意识的淡薄，相关企业对知识产权保护制度的缺乏了解等因素，我国知识产权的保护现状不容乐观。我国在加入世贸组织之后更要切实遵守TRIPS协议所规定的义务并履行知识产权海关保护的职责，因此建立和完善我国知识产权海关保护制度成为我国海关面临的一大重要课题。本文引用了发生在当下的两个著名的知识产权侵权案例出发从研究知识产权海关保护制度的缺陷入手，从两个案例中找出目前我国海关在保护进出口知识产权方面的多处漏洞与不足，而后分三大章节对每一个问题进行详细阐述以及分析，，并提出创设性建议及意见，分别是海关对专利权的保护引发的问题及解决建议；两种保护模式以及两种利益之间的冲突；海关保护知识产权的执行性困难及建议，深入分析造成海关保护知识产权难的种种原因及法律本源并从法理以及实践中总结经验以及阐明对策，结合我国实际情况并借鉴国外先进理念深入浅出，提出符合我国国情的改进办法，结合国际公约及世界各国立法对于知识产权海关保护制度的相关规定，分析探讨我国知识产权海关保护制度的理论基础、法律体系以及具体执法程序和规范，发现制度建设中存在的差距与缺陷，就我国知识产权海关保护具体制度中存在的相关问题在理论分析与制度比较的基础上提出创设性建议，以求对海关进行制度的完善和改进方面起到积极作用，从而更好地维护知识产权人的正当权利为我国对外贸易健康有序地发展打下坚实的基础。
[Abstract]:Along with the progress of science and technology and the development of economy, the introduction of innovative products has gradually become an important indicator of competition between countries, and the creation of innovation can not be separated from the progress of knowledge, that is, the development and promotion of intellectual property rights. The two characteristics of products are invisible and reproducible, thus making the occurrence of intellectual property infringement cases in the world every year as high as tens of thousands of cases, its direct economic losses of up to trillion RMB, intellectual property infringement alone accounted for 10% - 20% of the total international trade volume, so now each country began to heavy. In view of the protection of intellectual property rights in international trade, customs, as the supervision and management organ of the entry and exit of international trade goods, has the ability and corresponding measures to effectively supervise the import and export of goods. It should play an important role in preventing and curbing the entry and exit of infringing goods, but unfortunately, because China knows that The current situation of intellectual property protection in China is not optimistic because of the weak awareness of intellectual property rights holders and the lack of understanding of the intellectual property protection system of related enterprises. China's customs protection system of intellectual property rights has become an important issue facing our customs. This paper quotes two well-known cases of infringement of intellectual property rights which happened at present. Starting from the study of the defects of the customs protection system of intellectual property rights, it finds out many aspects of the protection of import and export intellectual property rights by our customs from two cases. The loopholes and shortcomings are discussed and analyzed in detail in three chapters, and some creative suggestions and suggestions are put forward, which are the problems caused by the protection of patent rights by the Customs, the conflicts between the two protection modes and the two interests, and the difficulties and suggestions of the enforcement of the protection of intellectual property rights by the Customs. This paper analyzes the various causes and legal origins of the difficulties in the protection of intellectual property rights by the Customs and summarizes the experience from the jurisprudence and practice as well as expounds the countermeasures. Combining the actual situation of our country and drawing lessons from the advanced concepts of foreign countries, it puts forward the improvement measures in line with the national conditions of our country and combines the international conventions and the legislation of other countries for the customs of intellectual property rights The relevant provisions of the protection system are analyzed and discussed. The theoretical basis, legal system, specific law enforcement procedures and norms of the customs protection system for intellectual property rights in China are analyzed and discussed. The gaps and defects in the system construction are found. On the basis of theoretical analysis and system comparison, the relevant problems existing in the specific system of Customs Protection for intellectual property rights in China are raised. Creative suggestions are put forward in order to play a positive role in perfecting and improving the customs system, so as to better safeguard the legitimate rights of intellectual property owners and lay a solid foundation for the healthy and orderly development of China's foreign trade.
【学位授予单位】：沈阳师范大学
【学位级别】：硕士
【学位授予年份】：2013
【分类号】：D923.42
本文编号：2239286
[Abstract]:Along with the progress of science and technology and the development of economy, the introduction of innovative products has gradually become an important indicator of competition between countries, and the creation of innovation can not be separated from the progress of knowledge, that is, the development and promotion of intellectual property rights. The two characteristics of products are invisible and reproducible, thus making the occurrence of intellectual property infringement cases in the world every year as high as tens of thousands of cases, its direct economic losses of up to trillion RMB, intellectual property infringement alone accounted for 10% - 20% of the total international trade volume, so now each country began to heavy. In view of the protection of intellectual property rights in international trade, customs, as the supervision and management organ of the entry and exit of international trade goods, has the ability and corresponding measures to effectively supervise the import and export of goods. It should play an important role in preventing and curbing the entry and exit of infringing goods, but unfortunately, because China knows that The current situation of intellectual property protection in China is not optimistic because of the weak awareness of intellectual property rights holders and the lack of understanding of the intellectual property protection system of related enterprises. China's customs protection system of intellectual property rights has become an important issue facing our customs. This paper quotes two well-known cases of infringement of intellectual property rights which happened at present. Starting from the study of the defects of the customs protection system of intellectual property rights, it finds out many aspects of the protection of import and export intellectual property rights by our customs from two cases. The loopholes and shortcomings are discussed and analyzed in detail in three chapters, and some creative suggestions and suggestions are put forward, which are the problems caused by the protection of patent rights by the Customs, the conflicts between the two protection modes and the two interests, and the difficulties and suggestions of the enforcement of the protection of intellectual property rights by the Customs. This paper analyzes the various causes and legal origins of the difficulties in the protection of intellectual property rights by the Customs and summarizes the experience from the jurisprudence and practice as well as expounds the countermeasures. Combining the actual situation of our country and drawing lessons from the advanced concepts of foreign countries, it puts forward the improvement measures in line with the national conditions of our country and combines the international conventions and the legislation of other countries for the customs of intellectual property rights The relevant provisions of the protection system are analyzed and discussed. The theoretical basis, legal system, specific law enforcement procedures and norms of the customs protection system for intellectual property rights in China are analyzed and discussed. The gaps and defects in the system construction are found. On the basis of theoretical analysis and system comparison, the relevant problems existing in the specific system of Customs Protection for intellectual property rights in China are raised. Creative suggestions are put forward in order to play a positive role in perfecting and improving the customs system, so as to better safeguard the legitimate rights of intellectual property owners and lay a solid foundation for the healthy and orderly development of China's foreign trade.
【学位授予单位】：沈阳师范大学
【学位级别】：硕士
【学位授予年份】：2013
【分类号】：D923.42
【参考文献】
相关期刊论文 前4条
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2 郑成思;中国需要怎样的知识产权战略[J];航天工业管理;2004年06期
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4 黄道雄;我国知识产权海关保护制度之不足与完善[J];政法论丛;2001年06期
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