Strengthen The Judicial Convergence Of Inspection And Supervision Functions In Chinese Ipr Criminal Protection

As the world has entered the era of knowledge economy, IPR is playingan increasingly important role in economic life. It has become the symbol ofadvanced technology and prosperous culture of a nation, and has made acrucial effect in international competition. In recent years, various countrieshave brought IPR into their national economic development strategy, whichaccelerates development of their national economy and technology. Chinahas been strengthening efforts to crack down on IPR violations, andimproving IPR criminal protection level.Our country has been implementing mutual convergence ofadministrative law enforcement and judicial protection in protecting IPR inthe long term. The existence and development of this combination ofprotection mode has its proper reasons, it shows the special circumstance of our nation during the development of IPR, however, in practice, there aresome problems in this protection mode that could not be resolved effectively.At the international level, the TRIPS agreement reached in Uruguay Roundset out, for the first time, the detailed obligations for members to provide IPRenforcement procedures. This thesis aims at comparing foreign IPRprotection systems, explaining the obligations TRIPS agreement has on itsmembers while establishing IPR criminal protection system, and discussingthe problems of TRIPS agreement’s implementation in China. Meanwhile, italso aims at improving domestic IPR criminal protection by exploring theinspection organization’s performance of supervision function from theperspective of the Chinese Constitution which has entrusted the supervisoryauthority of the inspection organization.