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Research On Judicial Protection Of Intellectual Property In The View Of Governing The Rule Of Law

Posted on:2019-07-23Degree:MasterType:Thesis
Country:ChinaCandidate:L ZhangFull Text:PDF
GTID:2346330566965805Subject:Marxist theory
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As socialism with Chinese characteristics enters a new era,the principal social contradictions are transformed into the contradictions between the growing needs of the people for a better life and the unbalanced and unbalanced development."Accelerate the construction of an innovative country,advocate a new culture,strengthen the creation,protection and use of intellectual property," the 19 th CPC National Congress report said.In the increasingly perfect socialist market economy,opportunities and challenges coexist.As a basic property system that encourages innovation and protects innovation,intellectual property rights play an increasingly prominent role in the development of productive forces and the improvement of peopleundefineds living standards.It is an important task to study and perfect the judicial protection of intellectual property rights.The basic research on the judicial protection of intellectual property rights is based on the Marxist theory of law,the analysis of the principle of balance of interests,the Marxist theory of labor value and the particularity of knowledge products,the three basic theories of intellectual property protection.This paper demonstrates the necessity and feasibility of the judicial protection of intellectual property,and expounds the leading role of judicial protection in the dual track system of judicial and administrative parallel.The promotion of ruling the country according to law in an all-round way promotes the continuous development of judicial protection of intellectual property rights.Through statistical analysis of intellectual property cases from 2008 to 2016,this paper interprets classic cases and gives a macroscopic understanding of the current situation of intellectual property judicial protection in China.This paper combs the basic problems of the judicial protection of intellectual property rights,discusses the three aspects of judicial reform,unified judgment standards and judicial openness,and briefly describes the experience that can be used for reference from the United States and Germany.Finally,it tries to reform the system and mechanism of intellectual property rights judicial protection,implement the intellectual property rights judicial protection policy,and promote judicial public trust with judicial justice.The author puts forward some countermeasures and suggestions on how to perfect the judicial protection of intellectual property in order to help the implementation of the basic strategy of governing the country according to law and the establishment of a country ruled by law.
Keywords/Search Tags:Comprehensively promoting the Rule of Law, Judicial protection of intellectual property rights, Judicial openness, Three-in-one reform
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