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Administrative adjudication of intellectual property infringement disputes in China

Author: JiangMengZuo
Tutor: ZhuShuZuo
School: Fudan University
Course: Constitutional and Administrative Law
Keywords: intellectual property rights dispute of infringement administrative adjudication analysis of current system improvement of system
CLC: D923.4
Type: Master's thesis
Year: 2009
Downloads: 191
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Abstract

Intellectual property rights play an important role in the social and economic development. The infringement of intellectual property rights happen frequently, which impede the protection of intellect property rights. Administrative adjudication is the administrative action to settle civil disputes related to administration management intermediately by the administrative agency. Administrative adjudication, being of vital importance in allocating economic resources efficiently and settle social disputes, shall make great effort on the resolution of disputes of infringement of intellectual property rights. The administrative adjudication on disputes of infringement of intellectual property rights refers to such administrative action made by competent authority of intellectual property rights following certain procedures to judge disputes of infringement of intellectual property rights according to the authorization of laws. However, considering that the current laws and regulations made incomplete stipulations regarding the definition and rules of it, the mechanism of a administrative adjudication on disputes on infringement of intellectual property rights is not use widely in the practice and fails to show its function well. Based in the legal analysis on the administrative adjudication on disputes on infringement of intellectual property rights, this essay analyses certain problems existing in the current mechanism of administrative adjudication on disputes on infringement of intellectual property rights, then propose corresponding suggestion for improvement.This essay consists of the following chapters:The Introduction makes the definition of administrative adjudication on disputes on infringement of intellectual property rights by defining the disputes on infringement of intellectual property rights and the administrative adjudication. The introduction then points out the defects of the system and also the negative results in the practice, thus illustrates the academic and practical value of the essay.The first chapter shows the multiple theoretical backgrounds of disputes on administrative adjudication on disputes on infringement of intellectual property rights to prove that the mechanism is well supported by solid theory, including: firstly, under the society of frequent social disputes, the existence of alternative dispute resolution is necessary, of which administrative adjudication on disputes on infringement of intellectual property rights is one kind; secondly, with the expanse of administrative powers in the current society, administrative powers becomes to have certain functions of judicial power, thus administrative adjudication on disputes on infringement of intellectual property rights is a good example; thirdly, since intellectual property right is related to public interests, administrative adjudication on disputes on infringement of intellectual property rights, as one way of administrative protection for intellectual property right, is necessary and feasible.The second chapter analyses the administrative adjudication on disputes on infringement of intellectual property rights from multiple angles: firstly, it analyses the character of the mechanism such as administrative relieve of individual rights, like-judicial dispute resolution, non-ultimate verdict of administrative adjudication; secondly, the essay analyses the advantages of the mechanism to prove the necessity and rationality of it, such as the professional advantages, the efficiency advantages, the economic advantages, policy-making advantages and etc; finally, the essay analyzes the basic principles of the mechanism.The third chapter analyzes the scope, administrative agencies, administrative procedures, the results, the legal effect, the administrative reconsideration, and administrative litigation of the mechanism based on the current laws and regulations of People’s Republic of China in the fields of administrative adjudication on disputes on infringement of intellectual property rights, and point the defects of the current system so as to explain the reason why the system of administrative adjudication on disputes on infringement of intellectual property rights fails to provide an efficient effect partly relies on the inadequate current system.The fourth chapter proposes corresponding suggestions to improve the system of administrative adjudication on disputes on infringement of intellectual property rights.

Administrative adjudication of intellectual property infringement disputes in China

Abstract

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