The theory and system improvement of the administrative protection of intellectual property in the new era
The administrative protection of intellectual property is a major feature of Chinese intellectual property protection system and plays an important role in the construction of intellectual property power.In theory,traditional doctrines such as"theory of insufficient judicial protection capacity"and"the theory of planned economic products"provide insufficient explanations for the rationality of administrative protection of intellectual property and need to be further deepened.In practice,some specific systems in the implementation of intellectual property administrative protection also need to be further improved.From the perspective of administrative law,the administrative protection of intellectual property belongs to administrative law enforcement.Its purpose is to regulate behaviors that disrupt the administrative order of intellectual property and endanger the public interests.Therefore,its existence has obvious rationality.In the new era,strengthening intellectual property administrative protection should start from the following aspects:gradually improving the intervention conditions for intellectual property administrative protection,unifying intellectual property administrative law enforcement standards and judicial judgment standards,and strengthening the connection between intellectual property administrative protection and judicial protection.