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Perfect Shaanxi Enterprise IPR Judicial Protection

Posted on:2012-04-28Degree:MasterType:Thesis
Country:ChinaCandidate:Y B YangFull Text:PDF
GTID:2216330368488889Subject:Science of Law
Abstract/Summary:PDF Full Text Request
In present era, independent innovation ability has been the deterministic element of the national competitive forces.Enterprises, being the independent innovation main part, are the foundation of the national and regional creativity. And that, intellectual property right is the main embodiment of the enterprise innovation consequence. The status of intellectual property protection, especially the judicial protection is the key factor, which influences the corporation innovation. Therefore, researching on judicial protection of intellectual property contributes the important sense to motivate independent innovation.This dissertation based on Shaanxi Province, first of all, will set out abstractly the intellectual property right judicial protection's motivation to corporation innovation and the internal mechanism of motivation development. Secondly, look up and research the existed problems and reasons of Shaanxi corporation intellectual property right judicial protection. Thirdly, compare the intellectual property right judicial protection measures with other provinces in our country. Lastly, come up with the suggestions to improve Shaanxi corporation intellectual property right judicial protection.Based on the research, this dissertation will mainly analyze the following improving measures:Firstly, improve the selection, appointment and training system of intellectual property judicial officers. Single out the multiple judicial officers to undertake intellectual property judicial activities. Do division and training of existed judicial labours.Secondly, assist corporations to seek the intellectual property protection awareness and abilities.Thirdly, specify the marquette intellectual property law's adaptation level of judicial authority, Set up rapid intellectual property case inquest mechanism, refine provisional measures applicable standards. Specify intellectual property litigation's evidence ascertaining, accurately apply statutory damages in law, expand civil sanction and pecuniary penalty scope.Fourthly, establish intellectual property right judicial protection coordination mechanism. Enhance intellectual property right judicial protection, administrative protection and criminal offence investigation, prosecution, judgement coordination, in order to develop the important function of intellectual property right judicial protection.Lastly, improve intellectual property right judicial protection measure, such as, expert testimony, expert jurors, case analysis and enhancing judgement ability. On account of enhanceing the supervise and support strength of intellectual property identification, improve litigation expert jurors regime. Based on the case research, give out the powerful support for intellectual property right judicial protection.
Keywords/Search Tags:Intellectual property right, Judicial protection, Corporation independent innovation
PDF Full Text Request
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