Research On The Practice Of Intellectual Property Administrative Litigation

After the revision of the Administrative Procedure Law in 2015,the number of administrative cases involving intellectual property rights has increased by leaps and bounds.However,there are many problems behind the extensive growth,which hinder the progress of intellectual property development,reduce the efficiency of intellectual property administrative litigation adjudication,and are not conducive to the high-quality development of the intellectual property economy.Therefore,after the implementation of the new Administrative Procedure Law for a long time,it is necessary to summarize the practice of intellectual property administrative litigation,analyze the reasons behind the increase in the number of cases,and the many problems existing in the growth process,so as to provide data theory support for the trial and protection of intellectual property rights.The analysis sample of this paper is based on the author’s search for "intellectual property","copyright","trademark" and "patent" in search keywords such as China Judgment Documents Network and Alpha Legal Database,and screened the cause of action as "administrative case".Based on the comprehensive description,this paper summarizes the following characteristics of intellectual property administrative litigation practice: first,the number of cases has shown rapid growth,and the average growth rate ranks first;Second,there are more and more new types of intellectual property disputes,especially those involving the Internet;Third,the high incidence of online infringement cases;Fourth,it is more difficult to maintain the balance of interests.Based on the above description and summary,this paper summarizes and analyzes the problems existing in the practice of intellectual property administrative litigation,such as insufficient special legislative documents,insufficient distinction between civil liability and administrative liability,lack of basis for comprehensive review of administrative litigation,and circular litigation,malicious litigation,and long litigation process.Based on the above analysis,the author proposes solutions to problems from multiple dimensions.First of all,it is necessary to strengthen targeted legislation on the lack of legislation in the process of protecting different subject matter of intellectual property rights,supplement legislation in the field of administrative protection,and update and supplement the old law in a timely manner;Secondly,for the insufficient distinction between intellectual property administrative litigation and civil litigation,it is necessary to clarify the boundary between the two,determine the appropriate time for administrative entities to intervene,and provide clear guidance for administrative intervention through the principle of judicial adjudication;Third,for issues such as the long cycle of intellectual property administrative litigation and circular litigation,it is necessary to carry out corresponding reforms in the judicial adjudication system and procedures,adhere to the principle of comprehensive review,adhere to the principle of examination of substantive issues,and actively introduce technical investigators to assist judicial adjudication;Finally,for issues such as abuse of rights and malicious litigation,it is necessary to strengthen public guidance,comprehensively promote the concept of protecting intellectual property rights,and fundamentally solve the problem.