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Of our current lack of IPR customs protection and improvement of

Cases involving trademark rights cases for the 11O6 pieces, 91.4% of total cases. Customs protection of intellectual property not only protects the interests of well-known brands, but also attract a large number of foreign brands. 5. Encourage business innovation. From the microscopic point of view, without a sound system of Customs and Border Protection of intellectual property, business is not innovation, because innovation and the cost is huge, if the outcome of its patent protection is not reasonable, then, other companies will mimic a large number of low cost, serious damage to innovation business interests, it lost another incentive to innovate. Second,[link widoczny dla zalogowanych], China's inadequate IPR customs protection mechanisms implemented in China in 2004 the Bill> implementation of measures The main shortcomings are: 1. Security and counter-guarantee provisions are flawed. Under the new This is obviously the right person to relax the requirements, but usually is 2O million in total guarantees. So for millions of tens of millions of suspect goods,[link widoczny dla zalogowanych], only 2O million can achieve the purpose of detention, so that apparent abuse of rights provisions of the defect. On the other hand, under the new to request Customs to release his goods ... .... This requirement to some extent limits the abuse of patent rights on; but for copyright and trademark rights, the consignee or consignor to pay the deposit can not be extracted through the seizure of goods, therefore, the right holder can still apply for seizure of goods, the delay time to abuse. In China, more than 9O% of cases involving trademark infringement, so the counter-guarantee provided little effect. 2. Penalties is not specific enough, and some lack of maneuverability. The new constitutes a crime is not very clear. With the B,-J-(Penal Code, some deterrent. Moreover, to consider some specific issues that, more difficult to find a legal basis, such as when handling a large number of infringing goods, the customs need to handle the destruction of infringing goods, the destruction method is not clear. There some of the emerging patent issues and no clear legal requirement. 3. and associated countries, the cooperation of relevant departments lack. In recent years intellectual property mechanisms between Guangdong and Hong Kong Customs and Excise through certain aspects of business training, improved communications, etc. have been basically effective. but According to Guangzhou Customs investigated the flow of infringement cases, quite a lot of imports of infringing goods destined for the United States, Canada, Japan, South Korea and the Middle East and Africa region. Therefore, strengthening the role of the international IPR border protection, protection of the work of customs control Customs to improve grass-roots initiative and dispatched to check the accuracy of an important role. while leaving the knowledge of infringing activity infringing a link to the source is the most effective means of control,[link widoczny dla zalogowanych], * therefore need to strengthen customs cooperation of relevant departments, thereby directly against infringement of the source. 4. customs clearance and inspection of the means of the existing contradictions. China's import and export trade in the rapid development,[link widoczny dla zalogowanych], the Department is also rapidly increasing volume of business. In 2006, China's import and export worth nearly 2 trillion yuan, the customs 2O million tons more than the import and export cargo, import and export customs declarations audit more than one million votes over 4000. Under the existing inspection methods and monitoring devices under certain conditions, to permit identification rate and clearance rate of change is bound to the Customs the quality of personnel, means and monitoring system put forward new problems. 5. tort the more hidden cost of increasing enforcement enamel. - a 56 - l} PRACT {CEfNFOREIGNECONOMICRELATIONSANDTRADE

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