Study On The Construction Of Legal Mechanism Of Intellectual Property Protection In Liaoning Free Trade Zone

With the continuous deepening of reform and opening up,China has accelerated the implementation of the free trade zone strategy,and now has formed a free trade zone “flying geese” with the Shanghai Free Trade Zone as its “head goose” in order to comply with the trend of the evolution of international economic and trade rules.The Free Trade Zone belongs to the area where is piloted first.Its development depends on injecting momentum into enterprises through innovation and adding vitality to the regional economy.However,innovation is inseparable from the protection of intellectual property rights.Therefore,the construction and development of China's free trade zone should establish a sound legal mechanism for the protection of intellectual property rights which will focus on creating a favorable policy atmosphere for technological innovation and institutional innovation in the free trade zone.Liaoning Free Trade Zone is still in its early stages of development.Its legal mechanism for the protection of intellectual property rights has not yet been perfect.On the basis of continuous innovation and development,how to explore the effective ways of constructing the legal mechanism of intellectual property protection,improve the legal system of intellectual property protection,and promote the healthy and stable development of Liaoning Free Trade Zone are the focuses of this study.Based on the experience of domestic and foreign free trade zones,this paper analyzes the advantages and problems of Liaoning Free Trade Zone itself and proposes opinions and suggestions for constructing a legal mechanism for the protection of intellectual property rights in Liaoning Free Trade Zone.Firstly,on the basis of analyzing the forms of domestic and foreign free trade zones,the nature of the Liaoning Free Trade Zone will be positioned and the necessity of strengthening the protection of intellectual property rights in Liaoning Free Trade Zone will be described.Secondly,on the basis of reading relevant documents and on-the-spot investigations,the present situation of the legal mechanism of intellectual property protection in Liaoning Free Trade Zone will be introduced from four aspects: legislation,law enforcement,judicature and administrative management.It analyzes the operation status of the four legal systems of intellectual property protection in Shanghai,Fujian,Guangdong and Tianjin,analyzes the models and characteristics of internationally mature legal mechanisms for intellectual property protection in the US Foreign Trade Zone,the European Free Zone,and the Singapore Free Trade Zone,and provides the basis for the successful implementation of the legal mechanism for the protection of intellectual property rights in Liaoning Free Trade Zone.Finally,combining the regional advantages of the Liaoning Free Trade Zone and the particularity of its development,it puts forward own opinions and suggestions on the existing problems in the protection of intellectual property rights in the four aspects of legislation,law enforcement,judicature,and administrative management.The author believes that in the establishment of the legal system for the protection of intellectual property rights in the Liaoning Free Trade Zone,it is necessary to attach importance to the role played in legislation,law enforcement,judiciary,and administrative management for the protection of intellectual property rights,especially the law enforcement and judicial aspects.At the law enforcement level,it is necessary to highlight the customs' enforcement power over transiting goods instead of importing goods,and to strengthen mutual cooperation and mutual exchange of information between various agencies.At the judicial level,it advocates setting up an intellectual property court in Shenyang and establishing a system of technical investigation officers.While developing a dispute resolution mechanism for intellectual property litigation,it will also improve its diversified dispute resolution mechanism.Litigation,mediation and arbitration disputes may be used in cases involving intellectual property disputes.It is believed that with the continuous improvement of the intellectual property protection mechanism in the construction of the Liaoning Free Trade Zone,it will promote the further optimization of market mechanism in the Liaoning Free Trade Zone and stimulate the vigor and vitality of the Liaoning Free Trade Zone.