The Difficulties And Countermeasures In Administrative Patent Enforcement In China

The administrative patent enforcement system emerged in the background of China’sspecial Intellectual property protection mechanisms with Chinese characteristics. China isnow implementing national intellectual property strategy. The strengthening of theenforcement level and improvement of the efficiency and level of law-enforcement areboth crucial components of China’s patent protection. The two-track protection modeconsisting of administrative protection and judicial protection is, under the conditions ofmodern society, a result of the division of powers between state organs and institutions. Itis useful to provide a more convenient, fast and efficient way of remedies outside of thejudicial protection. However, it fails to produce expected results due to the lack of legaldefinitions and proper regulations.By analyzing the characteristics of administrative patent enforcement, this paperreveals the role of the administrative patent enforcement in the China’s patent protectionsystem. Administrative patent enforcement and judicial protection of patent are notmutually substitutive. Instead，administrative patent enforcement, as an important part ofpatent protection in China, plays necessarily complemental role to judicial protection. Thispaper inspects on administration patent enforcement from the perspective of system designand operation. Through analysis of the local enforcement data, this paper reflects the effectof implementation of existing law enforcement systems. Discussion was focused onseveral important issues, such as the lag-behind of enforcement activities, large regionaldifferences, obstacle of the right relief, and the need to a more cohesive and unifiedsystem of law enforcement. Then this paper provides an analysis on the current situationand predicament of China’s administrative patent enforcement system, argues that thedifficulties and issues facing administrative patent enforcement are caused by the awfulstructures of legislative and law enforcement mechanism. After that this paper discussesthe future development path of the administrative patent enforcement in China, takes afeasibility and necessity study on the strengthening of administrative patent enforcement.China should give full play to advantages of administrative patent enforcement system to provide fast, convenient and efficient remedies to the right holders. On the final part thispaper gives some appropriate countermeasures and recommendations on improving theadministrative patent enforcement system in China.