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Exploration of the Countermeasures for the "Quick Protection" of Intellectual Property in the Pilot Free Trade Zone--Take Nanjing Area as a Case

Received: 19 March 2021     Accepted: 30 March 2021     Published: 13 April 2021
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Abstract

The in-depth improvement of the quick protection of intellectual property rights in the pilot free trade zone is an inherent requirement for the further improvement of the intellectual property protection system in the pilot free trade zone in my country. At present, my country’s pilot free trade zone has made some preliminary explorations in terms of rapid dispute resolution, efficient law enforcement, and rapid authorization. However, there are still some bottlenecks in the rapid protection of intellectual property rights in my country’s pilot free trade zone, which are mainly reflected in the lack of professionalism in the intellectual property trial mechanism; the subject of multiple dispute resolution is not sound and lacks internal cohesive mechanisms; administrative law enforcement is not capable of resolving incidental civil disputes. In order to solve the above problems, It is necessary to categorize and set up secondary departments of my country’s IP Tribunal to improve the trial mechanism according to the characteristics of intellectual property rights; improve the civil and social entities involved in the resolution of intellectual property disputes, and establish a linking mechanism for trial and other dispute resolution methods; strengthen the ability of administrative enforcement of intellectual property rights to resolve civil disputes.

Published in International Journal of Law and Society (Volume 4, Issue 2)
DOI 10.11648/j.ijls.20210402.11
Page(s) 61-66
Creative Commons

This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited.

Copyright

Copyright © The Author(s), 2021. Published by Science Publishing Group

Keywords

Intellectual Property Disputes Trial Mechanism, Multiple Dispute Resolution, Incidental Resolution of Civil Disputes

References
[1] Xu Wenjin, Yao Jingyan. The Value Choice of Intellectual Property Protection in Shanghai Free Trade Zone——From the perspective of judicial response to the parallel import of trademarks in the zone [J]. Journal of Shanghai University of Political Science and Law (Rules of Law), 2014, 29 (05): 77-82.
[2] Song Hongsong. Intellectual Property Protection in the "Enclave" of Free Trade——The Dilemma and Countermeasures of Intellectual Property Law Enforcement in China Pilot Free Trade Zone [C]. China Intellectual Property Law Research Association. China Intellectual Property Law Research Association 2015 Annual Conference Paper Collection. China Intellectual Property Law Research Association: School of Intellectual Property, Renmin University of China, 2015: 1050-1058.
[3] Chen Hao. The construction of the special protection system of intellectual property rights in the China Pilot Free Trade Zone [J]. Customs and Economics and Trade Research, 2017, 38 (04): 62-73.
[4] Yang Hong. Special Issues and System Improvement of Customs Enforcement of Intellectual Property Rights in Pilot Free Trade Zone [J]. Global Legal Review, 2019, 41 (02): 161-175.
[5] Wang Yafen, Wei Yu Village. Research on the peculiarity of intellectual property law enforcement in China Pilot Free Trade Zone [J]. The Rule of Law Research, 2020 (02): 44-57.
[6] Huang Hui, Zhai Pengwei. The challenges, ideas and countermeasures of intellectual property protection in China Pilot Free Trade Zone [J]. Social Scientist, 2019 (06): 122-129.
[7] Xia Hong, Han Tao. A review of the rule of law construction experience in my country's pilot free trade zone [J]. Journal of Liaoning Normal University (Social Science Edition), 2018, 41 (01): 50-58.
[8] Cui Wangwei. The construction of the judicial protection system of intellectual property rights in the free trade zone [J]. Forum on Science and Technology in China, 2015 (03): 130-134.
[9] Lu Mingyu, Jie Xiaoyu. Research on difficult issues of intellectual property protection in Henan Free Trade Zone [A]. Henan Law Society, Shanxi Law Society, Hubei Law Society, Anhui Law Society, Jiangxi Law Society, Hunan Province Law Society. The Twelfth "The Rise of Central China Rule of Law Forum" Paper Collection [C]. Henan Law Society, Shanxi Law Society, Hubei Law Society, Anhui Law Society, Jiangxi Law Society, Hunan Law Society: Henan Law Society, 2019: 12.
[10] Liu Tianzi, Chen Jie. Legal Thinking on Improving the Temporary Arbitration System in my country's Free Trade Zone [J]. Journal of Hebei University of Science and Technology (Social Science Edition), 2019, 19 (02): 62-68.
[11] Wang Chong. The way of constructing friendly arbitration rules in Qianhai Free Trade Zone: Theory and Three-tier Structure [J]. Hebei Law, 2019, 37 (04): 52-61.
[12] Zhang Jian. The legal construction of the provisional arbitration rules of China's free trade zone [J]. Journal of Shihezi University (Philosophy and Social Sciences Edition), 2017, 31 (05): 66-72.
[13] Li Lin. The lawyer mediation system in the dispute resolution mechanism of the free trade zone [J]. Journal of Henan Judicial Police Vocational College, 2019, 17 (04): 82-87.
[14] Chen Xinqi. China (Shantou) Intellectual Property Protection Center was approved for construction [J]. Chaoshang, 2020 (02): 13.
[15] Cao Xiaolu, Wang Chongmin. Research on the Innovation of Intellectual Property Protection System of Free Trade Ports with Chinese Characteristics [J]. Administrative Management Reform, 2020 (08): 10-18.
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  • APA Style

    Zhou Hua. (2021). Exploration of the Countermeasures for the "Quick Protection" of Intellectual Property in the Pilot Free Trade Zone--Take Nanjing Area as a Case. International Journal of Law and Society, 4(2), 61-66. https://doi.org/10.11648/j.ijls.20210402.11

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    ACS Style

    Zhou Hua. Exploration of the Countermeasures for the "Quick Protection" of Intellectual Property in the Pilot Free Trade Zone--Take Nanjing Area as a Case. Int. J. Law Soc. 2021, 4(2), 61-66. doi: 10.11648/j.ijls.20210402.11

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    AMA Style

    Zhou Hua. Exploration of the Countermeasures for the "Quick Protection" of Intellectual Property in the Pilot Free Trade Zone--Take Nanjing Area as a Case. Int J Law Soc. 2021;4(2):61-66. doi: 10.11648/j.ijls.20210402.11

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  • @article{10.11648/j.ijls.20210402.11,
      author = {Zhou Hua},
      title = {Exploration of the Countermeasures for the "Quick Protection" of Intellectual Property in the Pilot Free Trade Zone--Take Nanjing Area as a Case},
      journal = {International Journal of Law and Society},
      volume = {4},
      number = {2},
      pages = {61-66},
      doi = {10.11648/j.ijls.20210402.11},
      url = {https://doi.org/10.11648/j.ijls.20210402.11},
      eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijls.20210402.11},
      abstract = {The in-depth improvement of the quick protection of intellectual property rights in the pilot free trade zone is an inherent requirement for the further improvement of the intellectual property protection system in the pilot free trade zone in my country. At present, my country’s pilot free trade zone has made some preliminary explorations in terms of rapid dispute resolution, efficient law enforcement, and rapid authorization. However, there are still some bottlenecks in the rapid protection of intellectual property rights in my country’s pilot free trade zone, which are mainly reflected in the lack of professionalism in the intellectual property trial mechanism; the subject of multiple dispute resolution is not sound and lacks internal cohesive mechanisms; administrative law enforcement is not capable of resolving incidental civil disputes. In order to solve the above problems, It is necessary to categorize and set up secondary departments of my country’s IP Tribunal to improve the trial mechanism according to the characteristics of intellectual property rights; improve the civil and social entities involved in the resolution of intellectual property disputes, and establish a linking mechanism for trial and other dispute resolution methods; strengthen the ability of administrative enforcement of intellectual property rights to resolve civil disputes.},
     year = {2021}
    }
    

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    AU  - Zhou Hua
    Y1  - 2021/04/13
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    JF  - International Journal of Law and Society
    JO  - International Journal of Law and Society
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    PB  - Science Publishing Group
    SN  - 2640-1908
    UR  - https://doi.org/10.11648/j.ijls.20210402.11
    AB  - The in-depth improvement of the quick protection of intellectual property rights in the pilot free trade zone is an inherent requirement for the further improvement of the intellectual property protection system in the pilot free trade zone in my country. At present, my country’s pilot free trade zone has made some preliminary explorations in terms of rapid dispute resolution, efficient law enforcement, and rapid authorization. However, there are still some bottlenecks in the rapid protection of intellectual property rights in my country’s pilot free trade zone, which are mainly reflected in the lack of professionalism in the intellectual property trial mechanism; the subject of multiple dispute resolution is not sound and lacks internal cohesive mechanisms; administrative law enforcement is not capable of resolving incidental civil disputes. In order to solve the above problems, It is necessary to categorize and set up secondary departments of my country’s IP Tribunal to improve the trial mechanism according to the characteristics of intellectual property rights; improve the civil and social entities involved in the resolution of intellectual property disputes, and establish a linking mechanism for trial and other dispute resolution methods; strengthen the ability of administrative enforcement of intellectual property rights to resolve civil disputes.
    VL  - 4
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Author Information
  • School of Law, Jiangsu University, Zhenjiang, China

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