Study On The Intellectual Property Procuratorial Agency

18th CPC NATIONAL CONGRESS and 19th CPC NATIONAL CONGRESS showed that strengthening intellectual property protection is the key measure to economic development.Our country also adopted a series of measures to protect intellectual property.Faced with the social background of that is the specialization requirement for resolving intellectual property infringement disputes and is the serious damage results of this infringement and is three trials in one for intellectual property,prosecutors,as an important subject for the protection of intellectual property rights,start to establish specialized institutions for protecting intellectual property.Excisting intellectual property procuratorial institutions adopt to integrate prosecution resources and multiple procuratorial functions.For example,Changsha Municipal People's Procuratorate integrated the procuratorial resources and multiple procuratorial functions and carried out the case mode of the unity of three inspections and the integration of five functions.Intellectual property procuratorial institutions is the reflection of the superstructure to the social objective material condition and is the inevitable requirement of the social development and is also the request of the international trend for the procuratorial organ to handle the case.Currently,there are three classical modes:a temporary organization just like the intellectual property professional organization;the mode of dispatch procuratorial agency just like intellectual property office;the mode of internal procuratorial agency just like intellectual property supervisory bureau.In this paper,these three typical modes are briefly referred to as the intellectual property procuratorial institutions.Their existence is necessary because of the high requirements on the national policies on the protection for the intellectual property and the professionalization of the procuratorial institutions for the intellectual property case and correspondence to intellectual property three trials in one system.Analysis of the exsitence of intellectual property procuratorial institutions,they have issues for legality and functional scope and the relation with other institutions.Compared with the traditional decentrailed protection mode of the procuratorial institution,the intellectual property procuratorial institution is superior in its handling capacity and efficiency.On the basis of reference of the experience of intellectual property procuratorial institutions in Taiwan,South Korea,Japan and the United States,providing suggestions to inprovement of chinese intellectual property procuratorial institutions,including legalizing the intellectual property procuratorial institutions,endowing the intellectual property procuratorial institutions with multiple procuratorial functions and strengthening the cooperation between the intellectual property procuratorial institutions and other institutions.