Research About The Moderation Of Intellectual Property Issue

With the development of economy transition, the moderation of intellectual property protection issue is always focused by the practice and debated in the theory. Someone brings up the viewpoint that our nation’s protection is ineffective that obeyed the international obligation, while there are others put up with the protection already overdone and harmed to the national industry. After analysis of a large number of cases, the Supreme People’s Court determined Strengthening protection, which classifying various intellectual properties and protecting properly are the fundamental policy of current judicial protection of intellectual property in 2012.As China’s economic development has among regional economic imbalance, it is difficult to establish a standards moderation. So it occurred that there are many problems when we carry out the intellectual property protection. Such as the Qin Zhou Huang case, it has a long and roughly procedure, but this is also a proper case for intellectual property protection moderation in Shanxi province. This paper study the intellectual property protection moderation by case analysis, comparison analysis, standard analysis and logic analysis, and also puts forward constructive proposals.Below is four parts included in this paper.The first part, briefly introduce and analysis the "Qin Zhou Huang" case and put forward question.The second part, introduce the meaning of the intellectual property protection moderation. Definite the intellectual property protection moderation.The third part, brings up the issue of intellectual property protection in moderation. It includes Intellectual judicial and law enforcement standards are not accordance, The level of intellectual protection "too high" or "ultra-low", Intellectual property protection for technological innovation is a hindrance or accelerator, imitation should be encouraged or prohibited, Legislation pace should be caught up with international standards as soon as possible or properly slowly etc. Than introduce the basic contradiction of the intellectual property protection moderation. It includes the contradiction between intellectual property producers and consumers, the contradiction between the intellectual property prior rights and after rights, the contradiction between the private rights and public rights rising.The fourth part, put forward the measures and countermeasures for the protection moderation target.