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Peng Zengtian talks about the administrative protection of intellectual property rights in my country
Author:        Release time: 2023-04-22        Reading volume:

Evening of April 18th,Hosted by bet365 app、The seventh issue of the "bet365 app Intellectual Property Forum" hosted by Shandong Copyright Teaching and Research Base was successfully held online。This lecture is delivered by Peng Zengtian, Director of the Law Enforcement and Inspection Bureau of the State Administration for Market Regulation,He gave a wonderful academic report on the theme of "Administrative Protection of Intellectual Property Rights in my country"。Professor Feng Junwei, Vice Dean of the Law School, hosted the lecture,Professor Cui Lihong, Director of the Institute of Intellectual Property Law, Law School、Dr. Liu Jianchen serves as the negotiator。



Bet365 sportsbook review,Point out that administrative protection in the narrow sense only refers to administrative law enforcement,General administrative protection includes authorization、Confirmation of rights、Administrative rulings, relevant policies and measures formulated by government departments, and relevant agreements signed during the process of external exchanges and consultations, etc.。He further proposed,Compared with developed countries and other developing countries,Our country has established a dual-track intellectual property protection system that combines administration and justice。Subsequently,Peng Zengtian combined with General Secretary Xi Jinping’s important speech at the 25th collective study session of the Political Bureau of the CPC Central Committee,From the two perspectives of intellectual property being the commanding heights of international competition and the basic weapon for competing for international intellectual resources,Analysis of the important value contained in intellectual property protection。He believes that intellectual property rights are a special civil right,Following equivalent payment、At the same time as autonomy of will and other private law principles,Also has public policy attributes,Therefore, the essence of the intellectual property system is the balance between the individual interests of the right holders and the public interests of society。For my country’s intellectual property protection system,Peng Zengtian’s historical process、Elaboration on three levels of protection measures and protection structure。After briefly summarizing the three development stages of my country’s intellectual property protection legislation,Peng Zengtian pointed out,In recent years, my country's intellectual property system has made breakthroughs from the legislative level to the judicial level of professional construction,And then to the institutional reform in administrative law enforcement,We are always strengthening our country’s intellectual property protection measures。Among them,Peng Zengtian conducted a detailed analysis of the reform of administrative law enforcement of intellectual property rights based on the idea of ​​"one separation and two integration",And by summarizing and sorting out the departments involved in intellectual property functions before and after the institutional reform in 2018,It becomes clear、Intuitively introduces my country’s current intellectual property protection structure。Last,When talking about the international situation of intellectual property protection,Peng Zengtian starts from the needs of economic globalization、Three aspects of the signing of treaties in key areas of intellectual property and my country’s implementation of the TRIPS Agreement after joining the WTO,Demonstrates that intellectual property rights have become international rules and the intensity of international protection is constantly strengthening。He talked about,China-US trade friction has been intensifying in recent years,The United States uses intellectual property rights as a bargaining chip to curb my country's economic development by restricting the licensing and export of specific patented technologies or products,Therefore, in the context of intellectual property disputes and dialogue between China and the United States, my country’s implementation of the intellectual property power strategy meets practical needs,Also of great practical significance。

Conversation session,Cui LihongSincere thanks to Peng Zengtian,And the richness of the lecture content、Highly praised for its cutting-edge and profound nature。Cui Lihong pointed out,Speaker from the past to the present、The multi-perspective system from domestic to foreign countries shows the panoramic view of my country’s intellectual property system and protection。In response to the content of "Dual Attributes of Intellectual Property Rights" in Peng Zengtian's lecture,Cui Lihong extended the discussion on the patent infringement administrative adjudication system in the administrative protection of intellectual property rights,Procedural design of two levels of administrative litigation after the current administrative ruling enters judicial review,Points out that the results of quasi-judicial administrative rulings already reflect the characteristics of "strong professionalism",Proposal to reduce the procedural design of second-instance administrative litigation,To achieve the expected goal of “high efficiency” in administrative adjudication。Cui Lihong also further discussed the rationality and feasibility of county-level patent administrative agencies accepting administrative rulings on patent infringement under the background of institutional reform。Liu JianchenThank you to Peng Zengtian for his wonderful report,And review and reflect on the role of administrative protection of intellectual property in improving the business environment from an empirical perspective,Then summarize and think about the technical aspects of administrative law enforcement、Problems you may face when enforcing invention patents that are difficult to enforce。When discussing the patent compulsory licensing system,Liu Jianchen combined his empirical statistical research on patent compulsory licensing at the world level,Personal opinions on the current operating status of the compulsory licensing system and the reasons behind it。Last,He raised questions about the difficulties and pain points existing in the current administrative law enforcement process。Interactive session,Peng Zengtian responded to the interviewer’s questions one by one,And patiently and carefully answered the questions raised by the participating students。


Speaker introduction: Peng Zengtian,Director of the Law Enforcement and Inspection Bureau of the State Administration for Market Regulation,bet365 app2002 Master of Laws,Worked successively in the Ministry of Commerce、National Intellectual Property Protection Working Group Office、Served in the Office of the National Leading Group for Combating Infringement and Counterfeiting,Formerly served as legal advisor to the Beijing 2022 Winter Olympics Bid Committee,Participated in the drafting of multiple State Council policy documents for the protection of intellectual property and the Trademark Law 2013、Revision work in 2019,Participate in Sino-U.S. as a member、Central Europe、Dialogue and consultation between China and Japan Intellectual Property Working Group,Organize and guide the investigation and handling of many typical cases of intellectual property infringement。


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Address: Shandong University Qingdao Campus, No. 72 Binhai Road, Jimo District, Qingdao     Zip code 266237

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Copyright: bet365 app 2012 All Rights Reserved

Submission email:lawschoolwangzhan@163.com

Address: Shandong University Qingdao Campus, No. 72 Binhai Road, Jimo District, Qingdao     Zip code 266237

          Shandong University Hongjialou Campus, No. 5 Hongjialou, Licheng District, Jinan City    Zip code 250100