Research On Intellectual Property Rights Protection In Commercial Way In China

In recent years,the number of intellectual property infringement disputes in China has been increasing.With the increasing of specialization,marketization and socialization of the social division of labor,the demand for the protection of intellectual property rights has increased.Intellectual property rights protection in commercial way as a new type of protection came into being.Intellectual property rights protection in commercial way is considered to be in danger of legitimate alienation because of their commercial characteristics,which have been controversial since it began to enter the public view.The intellectual property theory and judicial practice also began to study the intellectual property rights protection in commercial way,but at present,the relevant research has not reached a consensus on the concept,nature and legitimacy of intellectual property rights protection in commercial way.Intellectual property rights protection in commercial way arises from the characteristics of intellectual property rights,the development of the market,the shortage of administrative law enforcement relief,the advantages of judicial remedies,and so on.This way of rights protection has professionalism of rights defenders,group of respondents,initiative of rights protection and commerciality of rights,of course,inevitably has its own shortcomings,and has therefore been questioned by the academic circles,the media and the public.Facing the debate of whether the intellectual property rights protection in commercial way is legitimate or not,we get conclusion that this way of rights protection is justified from the perspectives of cost and benefit,purpose of safeguarding rights,legal basis and value.It is undeniable that the intellectual property rights protection in commercial way plays an important role in purifying the market,protecting competition and promoting industrial upgrading.But at this stage,batch intellectual property rights protection in commercial way cases are developing rapidly,which accounts for a large proportion of the intellectual property infringement litigation accepted by local courts,which brings great pressure to the court trial.In response to this phenomenon,courts in many places have formed special task groups to conduct special investigations on intellectual property rights protection in commercial way,and have taken some targeted measures.However,at present,there are still irregularities in filing and examining cases in judicial practice.The division system is unscientific.The amount of compensation is difficult to determine.The right is difficult to determine.The interests are difficult to balance and so on.In order to solve the problem of trial,we must take various measures to guide and regulate the intellectual property rights protection in commercial way.First of all,it is necessary to clarify the judgment criteria for the abuse of intellectual property rights,and further clarify the judgment elements and the standards for the determination of the abuse of intellectual property rights,so as to standardize and guide commercial defenders to exercise the right of action correctly.Secondly,the courts should take targeted measures to deal with intellectual property rights protection in commercial way cases,sum up judicial experience,continuously achieve judicial optimization,and strictly examine the qualification of litigants.The formal elements of evidence and the legitimacy of the procedure for obtaining evidence are strictly examined,the amount of compensation is reasonably determined,the diversified dispute resolution mechanism is improved,and the pre-lawsuit tort warning mechanism is introduced to deal with such cases.Thirdly,from the administrative law enforcement level,the administrative departments should strengthen the supervision of intellectual property rights protection in commercial way,optimize the market environment,seek flexible and pragmatic regulatory methods,and give full play to the regulatory functions of trade associations.Finally,from the citizen level,we should strengthen the publicity of law popularization and guide rational rights.On the one hand,we should improve the awareness of the public to protect intellectual property rights and reduce the occurrence of infringement,on the other hand,we should also actively guide the intellectual property rights holders to protect their rights rationally.