对外贸易中知识产权执法与司法保护的协调

On Issues of Coordination between Judicial and Administrative IP Protection in Foreign Trade

目前,各国对外贸易中知识产权的司法与执法保护可分为三种模式,即以司法机关保护为重心的模式、以执法机关保护为重心的模式和执法机关与司法机关平行保护模式。笔者认为第一种模式比较适合于知识产权的性质。目前,我国知识产权执法与司法保护协调存在立法混乱、管辖重叠、地方保护主义与腐败的干扰等问题,应着力通过制度性创新加以克服,特别应加强知识产权保护中海关与临时措施方面的协调。

The judicial and administrative protection of IP in various states can be divided into three modes, e. g, those judicial protection predominates, those administrative protection predominates, and those judicial and administrative jurisdiction are parallel. The author tends to think that the first mode is more compatible with the nature of 1P and then suitable for the IP protection. Currently, the coordination between judicial and administrative protection in china has many problems, such as confusion in legislation, overlapping in jurisdiction, interference of localism and corruption, etc. These problems should be solved by system renovations, especially in the coordination areas of custom and provisional measures.