The Study On The Chinese Administrative Protection Of Intellectual Property Rights

As an important role of the "dual track" system, the Chinese administrativeprotection of intellectual property rights has started since the eighties of the lastcentury. After rapid development, remarkable achievements are made. But there arestill many problems. The legislation of Chinese intellectual property rights protectionhas a high starting point, directly in line with international standards. However theprotecting standards are not uniform. The administrative protection departments of IPRare scattered. That will cause some negative effect on administrative protection. Thereare some other problems including uneven regional developing, the lack of funds andtalents, law enforcement not strict enough, etc. Facing the tough internationalchallenges and the increasingly fierce international competition, Chinese governmentmust take more effective measures, take continuous reforms, to improve theadministrative protecting standards of IPR.In this paper, the current status of Chinese intellectual property rightsadministrative protection is put forward in many aspects including legislation,institutions and administrative protection results. By comparing the differencesbetween United States and Japan, the reforming idea of Chinese intellectual propertyrights administrative protection is presented. We should unify the IPR protectionstandards in legislation, take a reform on the departments of administrative protection of IPR, strengthen law enforcement cooperation, be strictly compliant with laws,strengthen the guiding role of intellectual property rights protection in the economic,cultural and social policies, strengthen the qualified personnel, increase governmentinvestment funds for administrative protection of intellectual property rights.