Research On Administrative Law Enforcement Of Intellectual Property Protection

The definition of administrative enforcement,refers to the administrative subject in accordance with the relevant provisions of the administrative enforcement of laws and regulations,according to certain law enforcement procedures,the specific administrative act of protecting the public interests of society for the protection of intellectual property rights in China,the administrative law enforcement occupy a very important link.However,it is still difficult to clarify whether it should play a great role,whether it should be maintained,and the problems that exist in the process of law enforcement.This article through to the use of administrative means to protect intellectual property rights,definition of the basis for administrative enforcement of intellectual property rights in the field and the rationality,balance between administrative protection and judicial protection "protection of the balance,and the macro and micro level administrative protection in the problem,through analysis and study of empirical data and case and some suggestions on the perfection of administrative law enforcement and protection of the personal views and suggestions for improvement.With the continuous improvement and revision of the law concerning the concept of intellectual production,the definition of administrative law enforcement protection has gradually become clear.Through the legal provisions,it can be seen that the administrative law enforcement protection consists of two phases,namely,facing the parties to the ownership or tort disputes.Administrative handling,and administrative penalties for infringements against lawless persons.In the protection of intellectual property rights,there are judicial protections in addition to administrative protection.The overriding emphasis on administrative protection has become a hot topic of debate on intellectual property protection in the recent academic circles.The unavoidable point is that according to China's national conditions The use of administrative power is still the most efficient and efficient way to protect public interests and citizens' legitimate rights and interests.Therefore,this paper attempts to demonstrate that the protection of administrative law enforcement should not be curtailed in China through a combination of theory and practice and a combination of domestic and international approaches.The reason and irreplaceability.But the administrative law enforcement is an efficient and convenient way,will be accompanied by more efficient because of problems,such as the pursuit of law enforcement results and ignore the fact of infringement on the legal level of existence,and facing the administrative litigation case by judicial organs and different standards and losing frequently,or is the administrative body set much of the confusion leads to low efficiency,or for administrative law enforcement efforts mutually making excuses,not enough.For these problems,this paper also suggests that the setting of improved from institutions,increase the effect of administrative law enforcement of intellectual property rights,improve the scientific nature,and some other system of administrative litigation when the face of indoor light adjustment,establish and improve the characteristic of our country belongs to the intellectual property protection system in order to facilitate more scientific.