Font Size: a A A

Intellectual Property Is Invalid Research Program

Posted on:2017-09-26Degree:MasterType:Thesis
Country:ChinaCandidate:T X GuoFull Text:PDF
GTID:2416330536962911Subject:Law
Abstract/Summary:PDF Full Text Request
Based on our analysis of the status of intellectual property rights ineffective program,for which increasingly apparent drawbacks,combined with the provisions of the TRIPS Agreement,the experience of other developed countries and regions,combined with China's actual,proposed the reconstruction of IP Invalid Procedure Reform ideas.With the appeal theorists,China has in 2014 in Beijing,Shanghai,Guangzhou established a specialized intellectual property courts.For the case of intellectual property court jurisdiction,rights configuration village still gnaw question of judicial review,courts and administrative authorities.Meanwhile,how to overcome a series of difficulties that have arisen in the course of running the IP courts,the academic discourse less.This paper attempts to our existing IP Invalid Procedure irrationality of this incision,puts forward how to improve the intellectual property theoretically invalid reform proposals procedures and intellectual property court in the running.The article is divided into four chapters.The first chapter outlines the program of intellectual property ineffective.mainly on the basis of the theory of intellectual property rights ineffective procedures for a more systematic discussion of invalid program concept,content,significance are described,with a view to later research has laid a solid basis.The method used is from the specific to the general,first described patent invalidation proceedings,trademark invalidation proceedings,to the intellectual property of other commercial signs invalid program constructs discussed.The second chapter of Intellectual Property invalid program to inspect.Examine the evolution of a time segment of the program,and elaborates the status quo of intellectual property rights ineffective procedures and problems from the administrative procedures and judicial proceedings.Chapter ? of the study abroad program is not valid to draw on its judicial review mode.The fourth chapter of ineffective procedures to improve,as the Commission will review administrative acts defined as "quasi-judicial proceedings",the creation of specialized IP courts,any member of the court for judicial personnel and technical personnel,and give the Court of Justice the right to change,reexamination Board makes freed from the role of the accused to participate in the proceedings as a third party.
Keywords/Search Tags:Invalid IP program, Administrative indeed the right, Judicial review
PDF Full Text Request
Related items