The Analysis Of The Administrative Protection Of Intellectual Property Rights In The View Of Rule Of Law

Since the implementation of the IP strategy in 2008,China's intellectual property protection has improved significantly and intellectual property has made significant progress.The State Council "on the new situation to speed up the construction of intellectual property rights in a number of opinions" proposed to promote the protection of intellectual property rights of the rule of law,and improve the administrative law enforcement and judicial protection of the two complementary advantages,organic convergence of intellectual property protection model,which from the rule of law,The construction of a socialist country under the rule of law to strengthen the protection of intellectual property rights put forward higher requirements.The administrative protection of intellectual property rights is a kind of intellectual property protection system with Chinese characteristics.For the design of this system,some suggestions of the theory are "gone",some suggestions are "stay",and the opinions are different.In this paper,the theme of "administrative protection of intellectual property under the view of the rule of law" has been studied in a systematic and in-depth way.At the theoretical level,we have answered two main concerns: first,whether the administrative protection system of intellectual property should "go" or " stay" ? The author from the legal level,the choice of national conditions,practical operation,judicial protection and other aspects of the cut,the pre-sentence administrative protection will be retained for a long period of time and continue to be sound and perfect,in the whole process of intellectual property protection play more and more important The role.Second,the future development of intellectual property administrative protection system trends? From the analysis of the relationship between judicial protection and judicial protection,the author thinks that the two modes of administrative protection and judicial protection will coexist for a long time,complement each other,closely converge,and justice will play the ultimate protection function.Under the premise of this theoretical analysis,how to improve and improve the administrative protection system systematically combed and studied.This paper is divided into six parts.The first part is the introduction,mainly introduces the background and practical significance of the topic,theoretical research status,research purpose and research methods and so on.The second part mainly explains the connotation and extension of the administrative protection of intellectual property rights.On this basis,it studies the intellectual property administrative protection "going to stay" and the development trend,and borrows the economic analysis method,the patent right,the trademark Rights and copyright and other specific rights,for example,to improve the administrative benefits of intellectual property protection to carry out a study.The third part gives a detailed explanation of the legal origin,the protection subject and the way of administrative protection of intellectual property rights in our country,and summarizes some of the problems.The fourth part of the Anglo-American law and civil law on behalf of the country's intellectual property administrative protection system made a comparative analysis,summed up for our reference and reference experience.The fifth part puts forward some suggestions on improving the administrative protection system of intellectual property rights from the aspects of system legislation,protection subject,protection mode and procedure.The sixth part from the study of the Internet,e-commerce,large data and other areas of intellectual property protection in new areas,from the sound legal norms,the construction of public platforms,innovative protection model in several areas to strengthen the protection of new areas of intellectual property work recommendations.The conclusion part mainly summarizes and summarizes some main conclusions and opinions and suggestions in this paper.