自贸区知识产权海关保护规则的国际借鉴

Abstract:There is no legal or policy definition of China’s free trade zones（FTZs，also known as “free zone” in EU or in the Kyoto Convention）and no provision is available on the legal status of the FTZ. Meanwhile，China has not issued the official or effective interpretation on whether the FTZ is a special area regarded as being outside the customs territory. In practice，it is an arguable question if the customs authorities have the competency to enforce IPR protection in the FTZs of China，and there is also rare enforcement or innovative policies carried out in FTZs to protect IPR. Given the risks of infringement in FTZs，the main trend of the current international rules is to enforce IPR customs protection in free zones. In fact，the free zone is an area under the customs supervision which is located inside instead of outside the customs territory. Customs authorities have the full competency to enforce the IPR protection in FTZs.

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