The Study For Judicial And Administrative Protection Of IP In China

The21st century is the era of knowledge economy, the implementation of intellectual property strategy, and enhance core competitiveness, by the world’s largest economy among the world economic power has become the only way.Intellectual property protection for inventions escort, promoting scientific and technological progress and increase the supply of knowledge assets a powerful weapon, is bound to become a key factor affecting the twenty-first century national economic strength contest.Protection of intellectual property rights, our policy is a "dual track" administrative protection, judicial protection parallel protection mode, it is not only the provisions of the Trips Agreement, is also China’s IPR protection requirements, conducive to the development of our intellectual property rights, and improved.Work practice, the "dual track " protected mode also showed protection of inefficient, inadequate protection, administrative and judicial procedures convergence poor with the shortcomings, especially the administrative protection of intellectual property rights has been criticized by some experts and scholars, and even the reasonableness of its existence is being questioned.Thus, the paper tries to conduct a systematic analysis on the protection of intellectual property "dual track " mode, to discuss the problems and their root causes, and put forward countermeasures and suggestions of the future improvement of intellectual property protection in China.First of all, in the first two parts, this paper, the meaning of administrative protection of intellectual property rights and judicial relief, development, and the status of the status quo, as described and analyzed.Secondly, in the third part of the article on the " dual-track the status of" protected mode exists, the problem, the conflict of two protection modes, respectively, were elaborate and in-depth analysis to identify the work in practice, the urgent need to address the problem and its roots.Finally, centralized administrative and judicial means for the protection of intellectual property rights, both conflict resolution mechanisms, recommendations and countermeasures.