A Study of Border Measures Provisions against IPR Infringement among Japan, China and Taiwan: An Application of a Right Holder

A Study of Border Measures Provisions against IPR Infringement among Japan, China and Taiwan: An Application of a Right Holder

 

Title
A Study of Border Measures Provisions against IPR Infringement among Japan, China and Taiwan: An Application of a Right Holder
Author
Jiann-Ming Yih
Keywords
border measures, IPR, TRIPs, FTA, trademark law
Abstract
Under the World Trade Organization (WTO) system, the Agreement on TradeRelated
Aspects of Intellectual Property Rights (TRIPs Agreement) provides for
border measures under Article 51 and thereafter, which mandates the introduction
of such measures specifically for the protection of trademarks and copyrights. In
the case of counterfeiting, additional procedures and remedies, including border
measure, must be made available. Special requirements related to border measures
are contained in Section 4 (Article 51-Article 60) of the enforcement part of the
TRIPs Agreement. According to Article 51, Parties must provide border enforcement
procedures for goods bearing a counterfeit. This paper tries to compare the
regulations of border measures among Japan, China and Taiwan. This article explains
the history of the Customs Tariff Law in Japan, Customs Law of the People’s
Republic of China, and attempts to examine how the border measures provisions of
IPR might be incorporated into the existing custom regulations of the three countries.
This article also explains the relationship between border measures provisions
and Trade Policy.
Abstract Article

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