Research On The Administrative Protection Measures For Intellectual Property Nfringement In The Region Of Construction

The administrative protection of intellectual property right in the area ofconstructional engineering is always under an unstable and confusing situationregarding of determination of nature and punishment. Taking administrative organshave different attitude upon the investigating and treating cloning counterfeit cable asa pointcut, on one hand, it illustrates the accuracy and one-sidedness accuracy ofapplication of different laws and regulations regarding to the TM infringement,counterfeit infringement and fake usage of name and sites of the plants cases andbrings out a Gordian knot of similar case different judgment of IP protection in thearea of constructional engineering. On the other hand, it reflects another side of IPprotection in the area of constructional engineering due to the negative conflicts oflegal norm leading by different administrative departments upon the attitude towardssame installed cloning counterfeit telecom equipments with different punishments.To solve the abovementioned problem, discusses and arguments in thisdissertation are organized in5Chapters. In Chapter I, it analyzes and summarizes thedifference in determining the nature of infringement act of intellectual property rightby cloning counterfeit cable upon a macroscopic view between the in Industry andcommerce department and quality supervision department. In Chapter II, it evaluatesthe accuracy in application of laws and regulations in the administrative protectionwhile dealing with cases mentioned in Chapter I, in order to prevent from themisjudging of similar cases with different punishments. In Chapter III, it illustratesthat the difference among the judgments is based on different faces and legal nexus.Therefore, this kind of attention has its one-sidednesses and dangers. In Chapter â…£, itmakes its own judgment upon the phenomenon that negative conflicts of legal normleading to vacuum zone as per the discussion relatively in Chapter II and Chapter III.In Chapter V, it makes suggestions on amendments of laws to resolve the problem ofrule conflicts in IP protection by the means of improving legislation.