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The administration of trade mark right and patent and judicatory are protected
From;  Author:Stand originally

When producing patent or brand tort action, party can request administration mechanism processing already, also can pass a court, settle dispute with litigant fashion. The system that should say this has Chinese distinguishing feature to check special right and patent produced brand of brand and patent tort behavior, cogent protection huge action. Accordingly, this one system is approbated for our country trademark law and exclusive law place all the time. The person that holds opposite point of view thinks, administration mechanism can have a lot of corrupt practice as the accused of administrative lawsuit, accordingly, the life is entered to receive in this and to including trademark law, exclusive law inside in the activity writing a law of intellectual property law, in the light of academic group controversy the bigger question that handles tort issue about office of brand administration mechanism, patent government undertook bigger modification. But active legislation is not apple-pie to the regulation of this one system, still need to be perfected further.

One, active legislation and blemish

Can see from legislative provision, the property that trademark law and exclusive law manage mechanism and patent government office to handle tort issue action to brand undertook those who make clear comparative limit, provided different legal result.

The first, when producing tort issue, party can request to manage mechanism processing, administration mechanism maintains tort behavior to hold water, can make instruct the decision that suspends tort action. To this one decision, exclusive law and trademark law make clear a regulation, party disaffected, authority mentions lawsuit of politics of start on a journey. In administrative law domain, this group of administration mechanism is the administration that be called to adjudicate on, ruling of this kind of administration is the specific administration action of the executive authority, the administrative gear that makes a decision should assume responsibility of administrative lawsuit the accused.


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