知识产权保护三元架构研究

在专利法第四次修改过程中，知识产权保护尤其是专利保护引起了社会各界的广泛关注，行政执法和司法保护的关系也再次成为热点。从大的方面来看，专利行政执法和司法保护都是执法问题，虽然形式不一、地位不同，但是行政执法中出现的一些问题也可能会发生在司法程序之中。因此，创新思路、拓宽视野，将立法的促进创新价值与利益调整功能纳入考量范畴，将会缓解双轨制之间的紧张关系，推动社会公众与执法、司法部门的良好互动，促进公共领域理性的研讨与解决方案的达成认同。

The Triple System Structure of Intellectual Property Protection

During the Fourth revision of China Patent Law, the protection of intellectual property, especially patent protection, draws a lot of attention from all walks of life, and in addition, the relationship between administrative enforcement and judicial protection is a high-profile issue again. All in all, they are both in the field of enforcement, forms and functions may differ, though problems emerging in the former are to take place in the latter. In another words, the binary system of administrative enforcement- judicial protection is vulnerable to solve the current conflict and tension, therefore, it is high time to introduce legislation as a third wheel in order to build a new structure of triple system for the protection of intellectual property. By means of mind innovation and vision widening, new structure is about to forge the top level design and interest distribution of legislation into the system, which will create a channel for the communication among the general public, the administrative departments and the judicial authority, as well as for the reasonable debate and feasible solution in the public domain.