Facing the appeals of canceling the double-track system in IPR protection in recent years, SIPO Commissioner Tian Lipu indicates in an interview on the newly published Compendium of China National IP Strategy on June 26 that though strengthening judicial protection is the general developing trend of IPR protection in the future, the efforts of the current administrative law enforcement should not be weakened.

One of China’s current IPR protection methods, double-track system allows administrative departments and judicial departments to directly launch law-enforcement actions in parallel to IPR infringement disputes. In recent years, many experts and scholars suggest that China should weaken the efforts of administrative law enforcement and bring IPR protection into the scope of judicial system.

Mr. Tian believes that though it is correct to make strengthening judicial protection the long-term goal of IP strategy, in China, IPR is actually a kind of private right with the attribute of the public right, involving the special sectors like traditional knowledge and folk literature and intangible property. “Once these intellectual property rights are infringed, the right holders are very difficult to collect evidence, causing negative influences to individuals and the whole society.”

He points out that administrative law enforcement not only can improve the efficiency of civil IPR disputes, but also is the symbol of a law-based country and law-based government.

“Though most countries adopt the unitary mode of judicial protection, the trend of double-track system still emerges in some western countries,” said Mr. Tian. (Xinhua News Agency Cui Jing and Li Shiyu)

2008-07-03

2008-07-03