Research On Dual-track System Of IPR Protection

Compared with other civil rights, intellectual property is protected by both judicial protection and administrative protection, which have formed a unique intellectual property "dual-track" protection system. Such a dual-track protection system has been recognized by Trips agreement, and provided in its third chapter "Enforcement of Intellectual Property Rights". China adopts the dual-track protection system in its intellectual property protection, too, but there are some problems in the operation of the dual-track protection system. If these problems are not solved well, China's international competitiveness and the efforts China has ever made may be undermined. In this context, the author of this thesis does some legal research on the administrative protection and the judicial protection of intellectual property rights respectively, then analyses the related rules of Trips and foreign countries, finally makes some recommendations on the improvement of our country's intellectual property protection. This thesis falls into three parts:The first part defines the meaning of administrative protection of the intellectual property, then on the basis of the definition, the author figures out the needs and characteristics of it, analyses the relevant provisions on administrative protection on Trips agreement, then finally introduces the practices of the United States and Japan in administrative protection on intellectual property.The second part defines the meaning of judicial protection of intellectual property, then analyses the main three aspects of it according to the relevant provisions of Trips and other countries legislation.The third part focuses on the practice of intellectual property protections in China, studies the progress China has ever made in the administrative protection and judicial protection of intellectual property, then analyses the four most important issues between in the two kinds of protection: solution of controversy over ownership of patent right and trademarks, copyright's criminal protection, the protection of business secrets and the way to deal with right conflicts, then learning from Trips and foreign experience, the author put forwards three recommendations to improve our country' intellectual property protection: to improve the legislation; to unify administration and improve the quality of administrative protection of intellectual property; to establish specialized IPR courts to hear civil, administrative and criminal cases over intellectual property.