Administrative Protection Of Intellectual Property Rights And Judicial Relief

Intellectual property involved in legal, trade, technology and other aspects, which affect on the economics of a country largely. The twenty-first century is a knowledge-based economy which replace industrial economy era, knowledge of the leading countries will become the twenty-first century economic power. The intellectual property protection system is to protect inventors and promote scientific and technological progress and increase the supply of knowledge assets a powerful weapon of the twenty-first century will inevitably be competition between national economies is a key factor.With China's accession to the World Trade Organization, to strengthen intellectual property protection is increasingly becoming the new focus in administration of justice in our country. In 1994 the Uruguay Round of GATT reached "Agreement on Trade-Related Intellectual Property Rights" (hereinafter referred to as "Trips Agreement"), involved in the field of intellectual property protection wide, high levels of protection, protection of forceful, strong constraints of an international convention by the members attention in the world now. Under the agreement the provisions of protection of intellectual property can be used not only by judicial protection, but also by using of administrative means of protection, this form of intellectual property protection formed "dual track" mode.China has adopted an administrative protection and judicial relief parallel "dual track" protected mode to protect intellectual property, which is not only conform to the Trips Agreement, but also benefit to a smooth and healthy development of intellectual protection, which is in full compliance with its own characteristics and requirements of intellectual property. However, "dual track" protected mode have sorts of shortcomings due to various reasons in practice. In the administrative protection of intellectual property rights model is suffering from criticism or even facing the danger of being abolished. Thus, we should analyze the intellectual property rights "dual system" a system of protected mode comprehensively and find the problems on how to improve the intellectual property of the "dual track" model in order to seize the meeting point between the two protection modes.This paper describes the meaning, development, position, status of administrative protection of intellectual property rights and the judicial relief. And on this basis of comparison of the two protection systems, we obtains that the implementation of "dual system" is in line with China's national conditions conclusion in our current. Second, in the second and third part of the article, we specify "dual track" protected mode problems; analyze the reasons with practice and put forward some sound measures to promote the "dual track" protected mode.We should be aware of the "dual track" model really reflects some features in the protection of intellectual property protection system in China through full consideration between both domestic and international factors. Overall, China has in common on the extent of intellectual protection with the rest of the world. Furthermore, we have to establish the correct values of intellectual property protection system. Only in the development and implementation of intellectual property protection system, we should take full account the actual needs of China's national conditions and other factors, which will help us to adjust, optimize and improve the intellectual property system in China.