Research Of China's Intellectual Property Rights Legal System

The protection of Intellectual Property Rights is a systematic project. In legislative protection, for only 20 years China has accomplished what the western countries have done in hundreds of years. However, the execution of IP protection is unsatisfying. Lack of intellectual property protection awareness in common, there exits lots of infringements. Problems and contradictions have also been found in the executive system and among tipstaffs. Lacking in thorough and comprehensive research in the IP theory, it is difficult for China to solve the urgent problems occurring in legislation and judicial practices. This thesis makes a comprehensive research and analysis on the current IP execution system in China. After the analysis of the Duo System in China and the problems in the execution, some suggestions would be put forward.The introduction (chapter 1) has briefly explained the execution system of the IP rights, commented the execution requirements of the TRIPS agreement for its members and concluded the improvement China has done in the execution system to implement the TRIPS agreement.Chapter 2 elaborates the status quo and legal regulations of China's judicial protection for IP in the aspect of civil, administrative, criminal protection and some temporary judicial protection steps.Chapter 3 makes a detailed comment on China's administrative IP protection in the aspects of execution mechanism, law gist, concrete rules and execution situations, particularly on the customs IP protection.The final chapter is an analysis of the Duo System in China's execution of law in intellectual property. It shows the situation China faces in the aspect of the key point and the district differences of the execution of law, the strength of criminal law, and some specific events in the administrative execution. It also analyses the relationship between the judicial protection and the administrative protection. After a detailed argumentation from the view of culture, the public awareness of the IP protection, the credibility of the court and the form and effect of the administrative execution, the chapter gets a conclusion that in China's IP protection system, the administrative protection is the most effective tool, which boasts Chinese characteristic. Thus, it points out that, China shall improve her IP execution system through harmonizing jurisdiction with administration, enhancing the communication of jurisdiction and administration, strengthening the cooperation between different districts, making full use of the judicial interpretation, improving the quality of the tipstaffs and actively involving the international communication in IP protection.