Edited by Paul Torremans
Chapter 2: Cross-border enforcement of intellectual property in China
With the recognition of the need to heighten protection of intellectual property, especially with regard to counterfeit trademark and pirated copyrighted goods, the enforcement of intellectual property rights at the borders has emerged as a significant issue in recent times. As many other countries, China has enacted legislation that allows customs authorities to implement ‘Special Border Measures’ consistent with a prescribed minimum standard as defined in the TRIPS Agreement. In the meantime, China has improved some intellectual property laws to ensure the enforcement procedures available under the laws so as to permit effective action against any act of infringement of intellectual property rights, and particularly to effectively enforce the general principle of intellectual property law in the digital environment. Customs protection of intellectual property in China started in 1994. In 1992, after many years of negotiation, the Memorandum of Understanding between the Government of the People's Republic of China (hereafter referred to as PRC) and the Government of the United States of America for the Protection of Intellectual Property (1992) was ratified by the two countries. According to the memorandum, China promised to provide effective procedures and remedies to prevent or stop, internally and at the borders, infringement of intellectual property rights and to deter further infringement.
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