Judicial protection of intellectual property rights to improve on TRIPS protocol as the angle of view
|Keywords||Trips Agreement Intellectual Property right Judicial Protection|
With China joining in the WTO, China’s participation in international trade activities are becoming frequently. The court accepted a large number of intellectual property cases, including so many foreign-related cases, which made the court facing the huge pressure. So the judicial protection of intellectual property in China will face the severe situation. As we all known, the protection of intellectual property rights especially the judicial protection, has becoming one of the most attracting problems of our country fulfilling the promise of WTO entry. Well, in the increasingly fierce international competition, how to deal with the case of intellectual property will be the significant test on the judicial protection of intellectual property. The TRIPS protocol has specific provisions on the judicial protection of intellectual property rights, which is the standard and basis for our country to implement the judicial protection of intellectual property rights. However, although our country in WTO intellectual property law has been modified according the TRIPS, we still has certain differences between the TRIPS requirement, such as, the main body of Judicial protection, the transparency, the evidence measures, the temporary measures, the judicial review and the criminal measures. All these differences seriously affect the level of the judicial protection of intellectual property in China and the connection of TRIPS protocol.By analyzing the gaps between the level of judicial protection of intellectual property in China and the TRIPS protocol, we found the main problems on the judicial protection of intellectual property in China. The main problems included the less cooperation between administrative protection and judicial protection, the shortage of "Three-separation" mode, the problem of Intellectual property cases’jurisdiction, the differences in enforcement’ standards, and the strength on intellectual property infringement is insufficient. So I analysis the differences and the reason of the existence problem deeply, then put forward to the right suggestions about the judicial protection of intellectual property in China from the macroscopic and microscopic perspectives. On the one hand, in macroscopic, we could grasp the general spirit of the TRIPS protocol properly, understand the minimum standards of TRIPS agreement on judicial protection correctly, modify the current laws and regulations about intellectual property rights, and grasp the key of judicial practice properly. On the other hand, in microcosmic, we can coordinate the relationship between enforcement and justice, establish a scientific mechanism for the trial of intellectual property cases, improve the judicial review system of intellectual property, and intensify the sanctions on Infringement action of intellectual property rights.