The Administrative Protection Of Intellectual Property Rights In China Under WTO

The administrative protection of intellectual property rights (IPR) is a system of intellectual property rights with Chinese characteristics. At present, no person in China has been systematically studied it. This dissertation revolves around the following topic: "The administrative protection of intellectual property rights in China under the WTO framework". The author tries to answer the following two basic questions: the first question the author will address is: "Should China's system of the administrative protection of IPR be 'abolished' or 'reserved'? That is, what is the prospect about the administrative protection of IPR in China? There is much discussion over this question in the intellectual property rights circle, but little detailed research has been conducted on it from the angle of WTO and foreign administrative protection of IPR. The second concerns that how to "abolish" or "reserve" the administrative protection of IPR in China. Namely, what is the development mode of the administrative protection of IPR in China? Relatively speaking, fewer people in the intellectual property rights circle study the second question. Besides exploring the two main questions, in this dissertation, the author also studies some other academic or practical problems on the system of intellectual property rights in China, and also offers some personal viewpoints and suggestions.There are eight chapters in this dissertation except the conclusion section.Chapter one is the introduction section. It mainly analyzes research background, poses research question, and clarifies research purpose and significance. The specific contents are presented below: research backgrounds and topics, current research situation, literature review, research objectives, research approaches and the framework.In chapter two, attention is paid to the basic theories about the administrative protection of IPR. This chapter, which governs the whole dissertation, involves some main basic theories related with the administrative protection of IPR, including its meaning, characters, types, system and status in IPR protection.In chapter three, the author presents the WTO's provisions and basic attitude to the administrative protection of IPR. From the forming of TRIPS Agreement under WTO framework, this chapter discusses the basic theories and historic backgrounds related with the provisions of the administrative protection of IPR in TRIPS Agreement, concretely discusses these provisions and the WTO's basic attitude to the administrative protection of IPR.In chapter four, attention is concentrated on the foreign administrative protection of IPR. The administrative protection of IPR is a system of intellectual property rights with Chinese characteristics, but it is not a phenomenon unique to China. Some foreign countries also possess their own institution with their own characteristic. In this chapter, the author mainly selects these IPR administrative protection systems in England, America, Mexico and Hungary for study, and discusses these countries' provisions in the intellectual property laws, and then offers some suggestions to China.In chapter five, the author investigates some basic issues about the administrative protection institution of IPR in China. This chapter mainly discusses some theoretical and practical problems, which now existing or will probably exist from the past, the present and the future. It comprises the following four aspects: background theory, which mainly illustrating the factors that influence the establishment and development of the administrative protection of IPR in China; practical outcomes, which mainly illustrating the important functions of the administrative protection of IPR in China; the debate on "to be abolished or reserved", which mainly illustrating the theoretical divarication to this institution in Chinese intellectual property circle; development trend, which mainly looking into the future of the administrative protection of IPR in China.Chapter six is the peculiar contents of the administrative protection of IPR in China. People generally regard the whole administrative protection of IPR in China as Chinese characteristic institution, but not all the contents of this institution possess Chinese characteristics. In fact, the peculiar contents mainly include the two aspects: administrative settlement for those cases involving intellectual property rights at the request of parties and administrative sanctions on the infringers ex officio. In this chapter, the author mainly put more efforts into the study of two peculiar contents, analyzes and points out some problems in the two characteristic contents, and also offers some suggestions.In chapter seven, attention is concentrated on the research of innovationmechanism of the administrative protection of IPR in China------taking the case ofcooperation mechanism of administrative enforcement in the districts covering different provinces or autonomous regions. The debate on "to be abolished or reserved" in intellectual property circle had not held the administrative protection of IPR in China back in practice. China is trying to establish or has established many new mechanisms on the administrative protection of IPR, which happen to demonstrate vigor and vitality of China's system for the administrative protection of IPR. This chapter mainly discusses the cooperation mechanism of intellectual property administrative enforcement across districts in China, which developed relatively fast and perfect among all new mechanisms in recent years. The author analyzes some existing problems in this new mechanism and offers some suggestions.Chapter eight is the case study about the administrative protection of IPR inChina ------ taking the case of World Expo 2010 Shanghai. The administrativeprotection of IPR affords the advantage of high efficiency, low cost, and so on, so it has enjoy grow favor among special fields, like exposition. Despite practice proves that the administrative protection of IPR in China contribute a lot in some expositions, it is not without its problem. The author chooses World Expo 2010 Shanghai as a case for research, whose success will more rely on the administrative protection of IPR than other industries. At the same time, the author analyzes some possible problems in the course of administrative protection of IPR during the World Expo 2010 Shanghai, and offers some countermeasures and suggestions.This dissertation concludes with a summary on the main standpoints in the concluding section. The institution of the administrative protection of IPR in China has already played and will continue to play a great role in the course of Chinese intellectual property protection. From the view point of current situation, it will not be superfluous as some people think it is. It is about time we stopped debating the problem of "to be abolished or reserved", and began to consider how to adjust, optimize, develop and perfect this institution. The administrative protection of IPR in China may follow the following basic path: In carrying out the system of administrative protection of IPR, we have shifted the focus of our work fromadministrative settlement in the past ------ to administrative sanctions on theinfringers now------ to the essential principle of quality administrative service in thenear future.