유명상표의 보호를 위한 국경조치에 관한 중국법체계의 검토

Abstract

This article studies the Legal System of Border Measures against the protection of the Well-known Trademark in China. Customs border enforcement has become one of the most effective measures to protect intellectual property rights (IPR) infringement especially trademarks. They serve as the first line of defense by investigating cargo and seizing counterfeit goods as they cross the border. Under the current WTO system, the members have wide discretion to regulate the infringement of the Intellectual Property Right by application of their own domestic laws. Intellectual Property Protection and Enforcement are emerging as dominant priority for the global trade policy. China has become the world’s most important manufacturer for several types of goods most of which can be easily copied. The goods infringing the well-known trademark have assumed very serious dimensions. Most of the infringing goods detained at Customs were manufactured in China. It is safe to presume that counterfeit goods are being imported and exported all over the world on a daily basis. Therefore, It is necessary that the specially well-known trademarks counterfeiting of goods regulated as a subject matter and condition of application of the current border measures in China.