중국의 지식재산권 보호제도에 관한 연구

A Study on Intellectual Property Right Protection System in China

  Recently, the piracy problem in China has became a hot issue in the area of international commerce. Chinese government also has recognized the problem seriously and tried to establish an affective IPR(intellectual property rights) protection system. For more in-depth studies on this issue, this article categorizes China"s IPR protection methods into judicial and administrative protection. China has been successful in utilizing the dual channels of the judiciary and the administrative agencies to protect IPR. IPR holders right can be protected through civil, criminal or administrative trial. Although China does not have a long tradition of intellectual property law, it has established a relatively complete legal framework for the protection of intellectual property. However, China should increase penalties for IPR infringement and provide better education for Chinese legal professionals and public in the area of IPR enforcement. Laws without enforcement, however, are powerless. The basis of the effective execution of a law is that the public voluntarily takes actions within the scope allowed by law on the one hand and the person violating law is punished by the state on the other hand.