The Study On Legal Issues About Intellectual Property Administrative Protection In China

Modern society is in the technological revolution. It is essential to promote the development of intellectual property and thus promote the sound and fast development of China’s socialist cause. Since the reform and opening up, Chinese intellectual property has grown explosively and greatly promoted economic development. However, behind this, there is a problem that cannot be ignored, that is, the protection of intellectual property is very urgent. In China, a lot of infringement events of intellectual property happen every day. The only judicial protection is far from enough. Especially in China, the legal system of promoting the administrative protection of intellectual property is perfect. It can greatly protect intellectual property from illegal infringement and promote the development of intellectual property.The paper starts from the concept of administrative protection of intellectual property, elaborates the important significance of administrative protection of intellectual property, expounds fundamental state of administrative protection of the existing intellectual property in China based on the analysis of Chinese laws and regulations related to intellectual property and the current situation of administrative protection, analyzes the existing problems existing in administrative protection of Chinese intellectual protection from the five aspects of institution, legislation, law enforcement, administrative protection, and judicial protection through data analysis, dissects and uses foreign experience in administrative protection of intellectual property for reference, and puts forward relatively proper solutions for the existing problems of administrative protection of Chinese intellectual property. China should integrate administrative protection mechanism of intellectual property, establish united and efficient administrative agencies, cultivate high-quality administrative personnel of intellectual property, and strengthen the capacity of judicial protection of intellectual property; it should sound the legal system of administrative system of intellectual property, stipulate the legal responsibility of administrative law enforcement subject of intellectual property, and perfect administrative law enforcement system of intellectual property; it should transfer cases and put an end to penalty replacing punishment according to law, establish perfect rules of transforming evidence and professional identification system of intellectual property, and strengthen the cohesion of administrative protection and judicial protection of intellectual property; it should strictly ensure procedural justice and avoid abusing administrative power and harming the interests of the parties based on the basic principles of administrative procedures.