Judicial Protection Of Chinese Property Rights Based On The TRIPS Protocol

The current our country intellectual property rights judicature protection faced with is brand-new but the stern situation and the extremely urgent duty. Joined WTO along with our country's, our country's intellectual property rights protection already marched into with the time which international connected rails, but, the China current intellectual property rights protection had all sorts of malpractices actually. Because the TRIPS agreement not only set the specific request to its member's domestic intellectual property rights legislation, moreover proposed to the intellectual property rights judicature the specific request, this causes us to have no alternative but to consider how changes originally is distanced too far with TRIPS turns over to responsibility principle, judicial organ's function, structure and so on. These considerations like must avoid making a mistake, inevitably must establish in the intellectual property rights legislation and in the law enforcement question thorough research foundation which proposed to TRIPS in.Since has joined WTO, China's intellectual property rights legislation and the judicial regular majority conforms to the time requirement. China follows the intellectual property rights international protection rule, according to the national condition determination corresponding intellectual property rights protection level, established has conformed to the international general rule, the class quite complete law laws and regulations system, but the intellectual property rights dispute quantity increased suddenly, tries the technical difficulty to enlarge, the specialized complexity strengthened, appeared the domain name registration dispute and so on the new dispute, refracted until in the property right judicature protection system flaw and the insufficiency. The paper utilization intellectual property rights system and the TRIPS agreement general theory, considered to intellectual property rights right own characteristic and the existing protection system, in analyzes our country at present the intellectual property rights judicature protection present situation and in the challenge foundation, behind the analysis question reason, finally from macroscopic and the microscopic two levels proposed should to the plan, provide the integrity strategy and the tactical system for our country's intellectual property rights judicature protection system consummation.