However, in order to meet the requirements of international intellectual property protection after China's entry into WTO, Chinese enterprises need to be able to better master and use intellectual property rights to participate in market competition, so as to win more initiative.
First, the administrative protection of intellectual property rights is the embodiment of China's unique dual-track system of intellectual property protection, because the protection of intellectual property rights in developed countries is mainly through judicial channels.
(a) the implementation of administrative protection measures.
Protecting intellectual property by administrative means is an important feature of intellectual property law enforcement in China. China's laws on intellectual property rights, their implementation rules and judicial interpretations all stipulate the protection of intellectual property rights by administrative organs.
In terms of patents, People's Republic of China (PRC), China National Intellectual Property Administration (former Patent Office) and local intellectual property offices are the administrative organs for patent management. With regard to trademarks, trademark management follows the principle of unified registration by the central authorities and hierarchical management by local authorities. From the central government to the industrial and commercial administrations at the provincial, municipal, prefectural and county levels, there are trademark management institutions.
With regard to copyright, the China Municipal Government has established the National Copyright Administration, and all provinces, municipalities, autonomous regions, municipalities directly under the Central Government and larger cities have also established copyright administrative departments.
(2) Administrative protection measures for intellectual property rights
For the infringement of intellectual property rights, the obligee may appeal to the administrative organ, and the administrative organ may also investigate and deal with it ex officio. In the process of investigation, the intellectual property administrative organ may seal up or detain infringing articles, and may take various protective measures such as ordering to stop infringement, fine, registration, sealing up or seizure, exhibition law enforcement, administrative mediation and administrative punishment.
These measures are mainly embodied in some departmental rules and local regulations related to intellectual property rights.
Customs protection measures of intellectual property rights can be divided into active protection and passive protection.
Active protection means that the customs takes the initiative to detain and put on record the import and export goods suspected of infringing intellectual property rights according to its functions and powers. Active protection is ex officio protection, but the scope of this protection is only intellectual property rights filed with the General Administration of Customs.
Passive protection, also known as application for protection, refers to the protection method that the intellectual property right holder applies to the customs for detaining the goods suspected of infringement. The passive protection mode is mainly embodied in Articles 12, 13 and the first paragraph of Article 24 of the Regulations on Customs Protection of Intellectual Property.
Three. Judicial protection of intellectual property rights
Judicial protection of intellectual property rights refers to the protection of intellectual property rights through judicial channels, that is, the right holder or state prosecutor who enjoys intellectual property rights brings criminal and civil lawsuits against the infringer to the court, and the infringer is investigated for criminal and civil legal responsibilities, and the party who refuses to accept the punishment of the intellectual property administrative organ brings an administrative lawsuit to the court.
Judicial review of administrative law enforcement to support correct administrative punishment or correct wrong punishment, so that the legitimate rights and interests of all parties can be effectively protected.
Extended data:
Related contents of intellectual property protection
Intellectual property protection refers to stopping and cracking down on the infringement of intellectual property rights according to existing laws and regulations.
Specifically embodied in: stop and crack down on fake and shoddy products, stop and crack down on trademark infringement and patent infringement, and stop and crack down on copyright infringement and copyright infringement.
Electronic files protected as intellectual property rights include documents, design drawings, images, audio and video, etc.
It is very imperfect and unsystematic to rely solely on the above administrative means.
It provides a powerful tool for users to protect their intellectual property rights.
Monitor commonly used application software
Commonly used office design application software such as MS Offices, PDF, AutoCAD, etc. Users only need to add programs to be monitored in IPPS environment, and they can complete the design and browse file information according to the usual application usage. The encryption and decryption operations of information files are transparent to users.
Automatic encryption and decryption technology
Dynamic encryption and decryption means that in IPPS environment, when users write files, the system will automatically encrypt and store them as ciphertext; When reading a file, the system automatically decrypts the file and opens it in clear text;
The encryption and decryption process in the middle is driven by reading and writing I/O operations, which is completely transparent to users. It avoids a series of security risks that may be brought by active encryption (for example, the author forgot to encrypt the information file, or the author himself is an unsafe factor).
Prevent file information from leaking.
The client's hard disk retains ciphertext, and any important information files leaked through U disk copying and network transmission are ciphertext, and plaintext can only be seen in IPPS environment. At the same time, in a transparent and secure environment, copying, printing, copying, importing, exporting and internal and external communication are prohibited to prevent the client from actively revealing information.
For the file illegally circulated to the outside, because the external PC is not authorized to log in and authenticate, it is impossible to obtain the contents of the encryption and decryption policy and the encryption key, and it is impossible to open the encrypted file at all. Prevent all files from being leaked by people or peripheral devices.
Accident tracking and evidence collection
The special log audit management software records the detailed information of all users, any time and specified application operations (reading, writing, deleting, modifying, etc.). ) detailed; And automatically generate various reports to facilitate log access and centralized management, as well as post-audit and accountability for leaks; There are various alarm mechanisms such as voice and email for users to choose from.
Baidu Encyclopedia-Protecting Intellectual Property Rights