Coordination Of "Dual Track System" For Administrative Protection And Judicial Protection Of Intellectual Property

Rapid progress in the development of science and technology,the era of knowledge economy has come,the importance of intellectual property rights are also increasingly highlighted,attaches great importance to the protection of intellectual property rights,maintaining the order of the specification of the intellectual property market became the major trend in the field of intellectual products.Since the 1980 s,China has introduced a series of intellectual property protection systems and constructed a comprehensive ipr protection system.In 2014,in order to further improve the system of intellectual property protection in China,the national level on the future development planning and guidance,general office of the state council issued "the thorough implementation of national intellectual property strategy action plan(2014-2020)",which is clearly put forward "to 2020,achieving significant improvement in the protection of intellectual property rights.The protection system of intellectual property rights is improved,the leading role of judicial protection is fully played,and the efficiency of administrative law enforcement and the level of market supervision are obviously improved.Repeated infringement,group infringement,malicious infringement behavior such as effective sanctions against,intellectual property crime is a powerful deterrent,get powerful safeguard the legitimate rights and interests of the holder of the intellectual property right,the protection of intellectual property rights to further improve the social satisfaction." It can be seen that the ipr protection system has a clear development plan,and China’s ipr field is developing and progressing in the right direction.TRIPs agreement is the world’s most popular and most widely influential treaty,is the most important in the protection of intellectual property rights system,international convention for the protection of intellectual property rights issues,countries in this area have developed a corresponding system measure,high standards for intellectual property rights with the TRIPs agreement,aggressive,more comprehensive protection requirements.After joining the WTO,China must abide by the obligations stipulated in the TRIPs agreement.At present,the intellectual property law of our country has been connected with the TRIPs agreement,and it will effectively fulfill the international rules on the protection of intellectual property rights.The agreement attaches importance to the role of intellectual property judicial protection while allowing countries to carry out administrative protection activities inline with their own needs.On the basis of this,needs to be combined with China’s national conditions,and draw lessons from the advanced experience of other countries,and constantly improve the system of intellectual property protection in China and promote international competitiveness in the field of intellectual property rights in our country.Parallel administrative protection and judicial protection of intellectual property rights of "double-track" protected mode has a long history,the scholars generally regarded as characteristic in the field of this system in our country,is in conformity with the actual reality development in our country intellectual property rights protection system.In recent years,under the double track protection mode,whether the judicial field or field of administrative law enforcement of intellectual property rights in China,the case quantity rapid growth,the protection of intellectual property rights strength increasing,the whole society’s awareness of protection of intellectual property rights are also rising.At the same time,there are still many problems in the system operation,there are still some contradictions between them.This paper hope through to the administrative and judicial protection of intellectual property system,deep understanding two protection modes,study the relationship between them,and on the cost-benefit analysis,and draw lessons from foreign advanced experience,try to solve the "double track" model for the protection of intellectual property conflicts and problems in,put forward Suggestions of perfecting our country’s intellectual property rights protection system,so as to optimize the intellectual property system in our country,the protection of intellectual property rights of the parties legitimate rights and interests,promote the transformation of scientific and technological development and achievements.