Patent Administrative Protection Problem Research

Most of the countries in the world for the patentee with relief by public force mainly bythe court, while in our country the patent right protection is used in administrative lawenforcement and judicial parallel mode, known as " the unique dual track system ". China’spatent protection system is unique in that the patent administrative authorities direct lawenforcement, namely the patent administrative authorities in patent protection affairsaccording to law, supervision and inspection of the implementation of administrative actionand administrative punishment.The academic debate is mainly concentrated in the " double track system " or the patentadministrative law enforcement and judicial articulation, as well as how to reform and otherissues. This text is from the our country administration of patent protection systemdevelopment history and the law, through the foreign patent protection system comparisonand thinking, from theory and practice two angle analysis of patent administration protectionsystem and the status of its existence will be China’s patent system establishment has beennearly thirty years, patent protection focus gradually law enforcement by legislation totransfer, the patent administration protection has become the core of the patent system. But atpresent our country patent on the system of administrative enforcement of law is not enoughin-depth study, along with the patent infringement cases increased, the patent administrativelaw enforcement problems exposed more and more, legal practice and learn, and based on theanalysis put forward relevant proposals for reform. In order to prove the above point of view,the article is divided into four parts:One, foreword. With the development of the administrative protection of patent systemin China as a starting point, a comparative study of the domestic and foreign research status ofpatent protection system.In two, overview of administrative protection of patent. Based on the concept ofadministrative protection of patent, characteristics, necessity elaborate, and on China’sadministrative protection of patent system in the development of a simple sort, so that readers of the patent right in China ’s basic situation understanding. As well as to the judicialprotection, administrative protection has a unique advantage, answer to the patentadministration protection not only should not be weakened, but should be strengthened theargument.In three, a comparative study of administrative protection of patent. Through to thedeveloped countries and regions of the patent administrative protection system for analysisand comparison, to explore the depth of the advanced experience of foreign countries, basedon China’s situation in the foundation, reference and research.Four, our country’s administrative protection of patent situation. On China’sadministrative protection of patent framework on the basis of carding, the patentadministration authorities and customs administrative protection of patent of the roles andresponsibilities of. The second part lists our patent administration protection system, measuresand judicial protection to converge on the defect. Fourth chapters address the proposedforeshadowing.Five, to perfect our country’s administrative protection of patent system is proposed. Thischapter puts forward to three kinds of patent protection, patent right respectivelycross-sectoral trans-regional cooperation, the establishment of specialized courts and otherproblems, hope to improve China’s patent administration protection plays a role.Through the analysis, the patent administrative law enforcement at present still has apositive meaning, not a general discussion of the " to stay ", how to further adjustment,optimization, improvement of this system is the first problem.