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Research On The Coordination Mechanism Of Judicial Protection And Administrative Protection Of Intellectual Property Rights

Posted on:2018-06-08Degree:MasterType:Thesis
Country:ChinaCandidate:Z W YangFull Text:PDF
GTID:2356330515977539Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
In China,intellectual property protection adopts the two-tier system of judicial protection and administrative protection.This protection mode has played an improtant role in the protection of our country-intellectual property in a certain period,but with the development of economy and the increase of participation in international affairs,whether it is the internal cause of China's economic development or international intellectual property protection convergence of external factors,and we all need to make the reform of the two-tier system protection model.The two-tier system protection model in the course of the operation also appeared a lot of shortcomings.On the whole,we should adhere to the main judicial protection,and supplemented by the principle of administrative protection.In the system design level of the judiciary and the executive authorities to balance the rights and interests,and fully protect the rights of rights holders.This paper is divided into three parts.The first part focuses on what is judicial protection and administrative protection and advantages and disadvantages of our current two-tier system protection model;The second part from the system design level to consider how to achieve the purpose of judicial organs and administrative organs to monitor each other,mutual restraint,and mutual cooperation;The third part introduces the ultimate instution of intellectual property protection and administrative protection coordination-the establishment of intellectual property court and Coordination Mechanism of Judicial Protection and Administrative Protection of Intellectual Property under the System of Intellectual Property Courts.
Keywords/Search Tags:Two-tier system, Judicial protection, Administrative protection, Coordination mechanism, Intellectual property court
PDF Full Text Request
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