Judicial Protection Of Intellectual Property Rights

Judicial protection and administrative protection are adopted in the protection of intellectual property in China. Specifically speaking, the judicial protection of intellectual property plays a crucial role in the protection of intellectual property. The judicial protection system of intellectual property took its first step very late in China.After over two decades of considerable development, China has accumulated rich experience in the juridical protection of intellectual property. However, the theoretical system is still imperfect. Hence, it is necessary for us to intensify the research of shortcomings underlying in the judicial protection system of intellectual property in China, and further improve and perfect these shortcomings, so as to escort for the harmonious and rapid development of our economy and society.The concept, characteristics and importance of juridical protection of intellectual property are the foundation of our research in this field. There are still deficiencies in the construction of the capability of juridical protection of intellectual property, the degree of protection on the obligee and the attack on infringement acts in China. After taking the experience of developed capitalist countries like Britain, America,Germany and Japan in the juridical protection of intellectual property as reference,relatively reasonable solutions to the questions existing in this field are proposed. The construction of the capability of juridical protection of intellectual property should be reinforced by cultivating high-quality talents specialized in this field, extending the scope of courts on intellectual property and creating favorable environment for the protection. The degree of protection on the obligee should be raised by guaranteeing the obligee’s right to be informed, perfecting relevant laws and regulations on the amount of tort compensation and compensating the loss incurred to the obligee of intellectual property. Furthermore, the scope of prosecution of intellectual property-related criminal cases should be extended, the methods of processing infringing goods should be clarified, the standard of criminal evidence should be perfected, the attack on infringement acts should be intensified and the obligee’slegitimate right in intellectual property should be guaranteed.