Research On The Legal System To Protect Intellectual Property Rights

In the era of knowledge economy, intellectual property right (IPR), asstrategic resource, is no doubt playing an important role in lifting the keycompetiveness of a company, or even a country. Meanwhile, the rapid developmentof global technology and economy has accelerated the application of IPRworldwide.China is now facing a severe challenge in intellectual property protectionas a developing country. It is a pressing task for China to choose and construct aproper intellectual property protection system in practice.Unlike the judicial protection mode developed countries take in terms of IPRprotection, China has adopted dual-pattern pattern including both judicial protectionand administrative protection, following the principles of "Two ways, paralleloperation, supplemental advantages and judicial determination", which carries strongChinese characteristics and turns out to be practical and effective. The dual-tracksystem plays a vital role in China’s IPR protection and coordinates with the nationalconditions as well as the features of IPR. After a long-term development, dual-tracksystem has preliminarily established, the cohesion between the two modes hasgradually improved. However, there are still some problems existing in practice,such as the conflicts between administrative protection and judicial protection, lack ofcoordination between administrative and judicial relief, abuse of administrativeprotection and the cooperation administrative and judicial organs when dealing withIPR protection cases. These unsolved problems not only have caused huge wastes ofadministrative and judicial resources, but also been against the purpose of IPRprotection, thus severely constricts the implementation of IPR strategy in China.Based on document research, this paper discusses the problems existing indual-track system of China’s IPR protection field. With the comparison of relevantexperiences home and abroad, this article tends to deliver a thorough analysis indual-track system and bring out some applicable reform advices.