Research On The Difficulties And Solutions Of Administrative Protection Of Intellectual Property In The Cultural Industry

In recent years,China has placed increasing emphasis on building intellectual property rights.In this context,the significance of intellectual property protection has been further highlighted.The cultural industry has long been an essential pillar of national economic development and international trade.The development of the cultural industry cannot be separated from the protection of intellectual property rights.To implement intellectual property protection,a strong intellectual property system must be established,of which administrative protection is one of the key tools for intellectual property protection.Examining the administrative protection capacity of copyright in the cultural industry through the lens of government governance is of great value in promoting the modernization of governance in the field of copyright in the cultural industry.Taking the 447 administrative copyright enforcement cases in Province J during the Thirteenth Five-Year Plan period as examples,this study finds that,the administrative protection of copyright in the cultural industry faces two problems: the scattered setting of administrative agencies,and the relatively weak long-term mechanism for administrative protection.Meanwhile,attention also needs to be paid to the coordination and interface between administrative enforcement and judicial protection.Considering the characteristics of the research subjects,this study adopts a research model combining empirical research and theoretical analysis,and takes 447 cases of administrative copyright enforcement in the cultural industry during the Thirteenth Five-Year Plan period in Province J as examples,focusing on the legal basis,the characteristics and problems of enforcement agencies,the lack of full coverage of the scope of administrative copyright enforcement,the failure of routine supervision to achieve regular enforcement,and the poor interface with other departments.In order to increase the reliability of the study,a comprehensive analysis of the current situation of domestic administrative copyright protection is also conducted by means of literature analysis and comparative analysis,drawing on the advanced experience of developed countries and tracing the source of administrative copyright protection,laying a realistic and theoretical foundation for this study.It identifies the direction of its development and the measures to be taken,and proposes countermeasures to improve the reform,suggesting the improvement of the institutional mechanism for the administrative protection of copyright,the standardization of the policy system for the administrative protection of copyright,the strengthening of the construction of the administrative protection team for copyright,and the optimization of the articulation mechanism for the collaborative protection of copyright.The key to improving the administrative protection capacity of copyright in the cultural industry lies in the proper articulation of administrative and judicial protection and strengthening law enforcement.This dissertation is structured into six chapters.The first chapter is the introduction,which introduces the practical background of the topic chosen,the significance of the study,the current status of research related to the administrative protection of copyright in the cultural industry,and the innovative ideas drawn from domestic and international research.Chapter two expounds the theoretical basis for the legitimacy of administrative protection of copyright in the cultural industry from the perspective of the value chain,including the government’s involvement in forming a dual-track system of intellectual property protection mechanisms with Chinese characteristics.The third chapter takes 447 enforcement cases in Province J during the Thirteenth Five-Year Plan period as a case study,and provides a comprehensive analysis of the region,number,trend,number of fines,industry distribution,enforcement effects,penalty results,enforcement methods,proportion of enforcement procedures transferred,transfer of evidence,and convergence of the two laws.Also,two classic cases are cited to support the analysis of the causes of the problems of administrative protection of copyright in the cultural industry.Chapter four analyses the problems and causes of the administrative protection of copyright in the cultural industry from multiple perspectives,including the “weakness” of administrative enforcement and the “inadequacy” of administrative management and services in the administrative protection of copyright in the cultural industry in province J.To enhance the administrative protection of copyright in province J,it is necessary to establish a governance concept with the participation of multiple entities and coordination of multiple links as the core meaning,and to realize this through the creation of a system that provides for a technical investigation officer system for the administrative enforcement of copyright and the innovative implementation of the guidance and coordination responsibilities of higher administrative organs.In addition,it is also necessary to carry out a clear demarcation for market supervision bureaus and strengthen administrative methods such as administrative incentives,administrative contracts,administrative guidance,administrative funding,and administrative warnings to enhance the administrative management and service capacity of copyright in the cultural industry in J province.The fifth chapter proposes suggestions for improving and optimizing the administrative protection of copyright in the cultural industries.It is suggested that the government should actively guide the development of a cultural industry strategy that is in line with the provincial situation,introduce active and effective support policies,expand the scope of administrative protection,and enhance protection.Meanwhile,the government should enhance the training of professional talents,introduce new vitality into the cultural industry and expand the scale of public services for the cultural industry.Organizing publicity campaigns to make more people aware of the importance of intellectual property protection so that they can consciously participate in relevant activities.Chapter six is the conclusion,which systematically summarizes the core ideas and the proposals in this study.