1. Agreements on the Trade Related Aspects of Intellectual Property Rights (TRIPS) of WTO and the Customs Protection of IPR

While today’s world is witnessing an ongoing trend of economic globalization, rapid changes of the world technological progresses and an emerging knowledge-based economy, there’s also a rising trend of IPR infringement. The protection of IPR has become an issue of focus to which great attention is paid in the international trade, and thus the legal system of Customs protection of IPR also comes into existence.

Customs protection of IPR, which is also called import and export protection of IPR, border protection of IPR or border enforcement of IPR, refers to the measures taken by the Customs at the border to stop infringing the IPR of the import or export of goods subject to the laws and administrative regulations of a state. It belongs to the administrative protection of IPR.

The establishment of the system of the international Customs protection of IPR is closely related to the “Agreements on the Trade Related Aspects of Intellectual Property Rights” (hereinafter referred to as TRIPS). TRIPS is an agreement relating to IPR within the framework of WTO developed after the Uruguay round of GATT, which provides that the signatory states must enact national laws, define relevant civil, administrative and criminal procedures to provide effective protection of IPR; it also contains detailed provisions of border protection measures conferring to the Customs the function to provide border protection measures.

2. The Functioning Structure of the Customs Protection of IPR

There are three administrative levels at the Chinese Customs in protecting IPR. The General Administration of Customs of PRC (GACC) administrates in general, instructs and supervises the work of border protection of IPR of all Customs administrations and is responsible for handling the recordation of IPR. All Customs District under the direct administration of GACC are responsible for the border protection of IPR under their respective administration. When a holder of intellectual property right discovers the suspected infringing goods pending to import or export, he may lodge an application to the Customs District where the goods pending to import or export for protection measures. The local Customs House officers directly participate in the supervision and inspection of infringing goods.

3. The scope of Customs Protection of IPR in China

The IPR rights protected by the Chinese Customs should be the exclusive rights to use a trademark, copyrights and their related rights and patent rights related to import or export goods and protected under the laws and administrative regulations of the People’s Republic of China. In accordance with the “Regulations on the Protection of Olympic Symbols” and the “Regulations on the Protection of EXPO Symbols”, the IPR protected by the Chinese Customs also include the exclusive rights to use the Olympic symbols and EXPO symbols.

4. The Significance of Customs Protection of IPR

Customs protection of IPR is a new task conferred to the Customs by the state in the new era. With the Customs protection of IPR, the Customs smashes the import and export of infringing goods and prohibits import and export enterprises from unfair competition through infringement, which helps to maintain the order of import and export trade. With the Customs protection of IPR, infringing and counterfeited goods can be prevented from entering the international market, which helps to improve the image of Chinese goods and increase the competitiveness of Chinese goods in the international market. With the implementation of Customs protection of IPR, the circulation of counterfeit and pirated goods may be stopped effectively, which helps to reduce trade conflicts, improve domestic environment for investment and Chinese IPR protection system and promote the comprehensive competitiveness of our nation and sustainable development of economy, society and technology.