TRIPS And China's Administrative Protection Of Intellectual Property

With the rapid development of the globalization of economy and science, the innovation of knowledge and technology has become the major rhythm of the world economical development. The focus of international competition is being turned towards capturing and holding the intellectual property, and the problem of how to protect the intellectual property has been paid much attention by every country. In the protection system of the intellectual property, administrative protection measures are characterized by our country' s conditions. They are simple and effective and should be perfected and developed in the practice.Our country has become the member of the World Trade Organization (WTO). 《Agreement on Trade-related Aspects of Intellectual Property Right》 (TRIPS) designed by WTO has confirmed the administrative protection of intellectual property. And it also puts forward some new requests about the administrative protection. According to our factual conditions, our country should study it and research how to perfect administrative protection principles of intellectual property and create good law-enforcement surroundings so as to suit the new international economical situations.On the basis of investigation and analysis, the author, armed with the relevant theory of intellectual property and administrative management, tries to point out some concrete measures to reinforce administrative protection of intellectual property. The author expects that they can be of use for suggestion and reference in this field.The article is composed of three parts. The first part introduces the surroundings, the important meaning and the major features of the TRIPS, and it also tells us the regulations of TRIPS about administrative protection of intellectual property from the aspects of the principles, substantial requests and law-enforcement requests. The second part briefly demonstrates the intellectual property laws and the basic system in our country, and lays emphasis on the administrative protection of intellectual property. Then, the part thinks that our country has made progress in the administrative protection towards intellectual property through the changes took place in some laws concerned with the intellectual property .Of course, this part finally points out the main problems existed in the field. The third part suggests that we should strengthen the administrative protection towards intellectual property from six aspects below: consolidating the consciousness about intellectual property, perfecting laws concerned with intellectual property, strengthening administrative protection of intellectual property, perfecting the harmonious system in the departments of administrative protection towards intellectual property, paying attention to the cooperation between administrative institutions and law-enforcement institutions and guidance towards the enterprises and scientific research institutions.The article has some innovations in that it comprehensively analyses the problems in the administrative protection of intellectual property and puts forward some concrete measures on how to protect intellectual property administratively according to TRIPS. At the same time, the article puts theory into practice, so it is practical to an extent.