The Study Of Intellectual Property Rights (IPR) Administrative Penalty In China

As an important part of administrative legislation, the administrative penalty system is an effective measure for the administrative enforcement and for the protection of the economic and social order. Besides the similarities, the function of IPR (Intellectual Property Right) administrative penalty in the field of IPR protection also enjoys particularities. As a practical measure for the IPR administrative protection, it plays an important role in deterring the infringement of the IPR and in developing a protective environment for the IPR.Based on the practice and the development history of the IPR administrative penalty system, this paper will analyze and explore some problems existing in its applications for the aim of providing some practical and meaningful suggestions. Therefore, this paper is generally divided into three parts:For the first part, it is a brief introduction to the IPR administrative penalty system. It includes the sources and development of IPR administrative penalty system, introduction to the IPR system, introduction to the IPR administrative penalty system and its development in China. For the second part, it is a practical study about the IPR administrative penalty system. It explores some debates of the IPR administrative protection, the scope and subject of IPR administrative penalty, the special enforcement of IPR, the coordination mechanism of the IPR legal enforcement. In the level of practice, the status of IPR administrative penalty system has been summarized; for the third part, the difficulties of the enforcement the system have been analyzed and some meaningful proposals have been provided. The existing problems include: the vagueness of IPR administrative subject, the distraction of the executive power of penalty, the incompleteness of the legislation, the issue of installment of administrative institution, the interference of local protection to the enforcement of IPR administrative penalty.Another aim of this paper is to provide some suggestions for the improvement of the IPR administrative penalty system. Firstly, the IPR protective legislation should be developed. With respect to the practical matter, there is a need for the legislature to make the standard IPR administrative law, to expand the scope of the executive subject of the IPR administrative penalty, to accelerate the IPR protective legislation in the field of the new technology and strengthen the power of the IPR administrative department. Secondly, there is a need to further perfect the administrative protective system. The practical measure is to establish a unified administrative department and a coordinative mechanism at the regional level. The third one is to implement the innovative IPR administrative penalty system. The practical measure is to implement the responsibility system, explore the comprehensive mode of implementation of IPR and create a brand new environment for the IPR protection law.