Year: 2024
Type: article
Abstract: This study explores the reform of administrative protection models for intellectual property (IP) rights in China, focusing on the shift from private interest-oriented to public welfare-oriented approaches. The purpose of the study is to examine the role of public welfare-oriented administrative protection in promoting innovation-driven development and to analyze its implications for China's intellectual property legal framework. A qualitative research method was adopted, utilizing secondary data collected from journal articles, government reports, policy documents, and legal analyses. The findings reveal that while the private interest-oriented model emphasizes resolving disputes and protecting individual rights, it is insufficient to address China’s broader national economic and innovation goals. In contrast, the public welfare-oriented model integrates IP protection with public interest strategies, such as government innovation support, patent navigation, and commercialization of IP assets. The study concludes that reforms are necessary to balance administrative and judicial protection while positioning IP as a strategic resource for economic development. However, the reliance on secondary data limits the study's scope, and future research should incorporate empirical methods to analyze IP protection effectiveness.
Source: China and WTO Review
Authors: Jiangang Qi, Zhaodi Yu
Institution: Zhongnan University of Economics and Law
Language: English
Topic: Intellectual Property Law
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W4413000683