Study On The Legal Characteristics Of American Administrative Remedy System Of Intellectual Property

It's important and necessery to study the theory of the intellectual property administrative remedy system, in view of the use of the "Section 337" and "Special 301" of United States in practice. As a new member of the trade remedy area, the intellectual property administrative remedy system is of unique legal character, the most representative of which is the intellectual property adlministrative remedy system of United States.The generation, develepment and continuous improvement of the American intellectual property administrative remedy system annotate the develeping prosess of the intellectual property administrative relief system concretely and vividly. In order to summary the basic theory of intellectual property administrative remedy system in-depth, it's necessary to study its legal characteristics. The legal characteristics of American intellectual property remedy system can be summarized into seven aspects, that is, the certainty of its agencies's function, the diversity of sources of law, the specificity of its constitutive requirments and forms of liability, the legality of its procedures, the speciality of its legal relation' s three elements. Aim to make clear the conception and nature of intellectual property administrative remedy system furtherly, it's necessary to compare with the dispute settlement mechanism of intellectual property, commodity trade remedy system and service trade remedy system. The studies on the U.S. system lies in providing enlightments and reference for the China's intellectual property administrative remedy system, including the improvement of our domestic organization establishment and legislation, and the strengthening international cooperation relating to intellectual property administrative remedy, etc.