Abstract
Because of the globalization of the marketplace, effective patent protection has become increasingly difficult using only domestic protection measures. Globalization has forced policymakers to consider international solutions. For this reason, the Agreement on Trade Related Aspects of Intellectual Property (TRIPS) established the concept of border measures in the area of intellectual property protection, encouraging countries to suspend intellectual property-infringing goods at their borders. Leading intellectual property countries, such as the United States, Japan enacted various border provisions in domestic legislation, thereby establishing new forums for patent enforcement.In the United States, if a claim is brought in the ITC,the ITC may issue exclusion orders or cease and desist orders against infringinggoods under 19 U.S.C. § 1337 ("Section 337"). Then, the Department of Customs and Border Protections enforces the orders.Japan Customs holds an Advisory Boardmeeting with intellectual property rights experts to transparently reveal thedecision of approval or refusal of the application for suspension. Since joining the WTO in 2002, Taiwan has greatly strengthened intellectual property lawsand regulations. Taiwan revised its Trademark Act and Copyright Actto enforce the protection of intellectual property rights at the border.In January 2014, border control measures are undergoing a dramatic change under the newly amended Patent Act. Enforcement of the new legislation extends the protective coverage of border controls to patent rights.Thedifficulty confronted at the border control for protection of patent is to distinguishpatent infringing goods due to the sophistication of the various technologies involved.This thesis analyzes and compareslegislations and regulationson border control ofGoods Infringing patent right in United States, Japan and Taiwan. This thesis, through survey ofpolicy and representative cases of border control of trademark and copyright in Taiwan, intends to examine the shortcomings of the border measures against patent infringing goods, so as tofully understand the legal and practical situation of currentborder control of patent.This thesis also attempts to propose some opinions for improvement and present some conclusions as research results.