Copyright registration

Both administrative protection and judicial protection are compulsory protection of intellectual property by virtue of state public power, but there are also differences between them

(1) Different in nature. Although administrative protection can also be initiated through the application of the obligee, it is more a measure taken on the initiative based on the administrative authority; judicial protection is generally initiated by the obligee seeking legal relief from the judicial organ according to the provisions of the procedural law, which follows the principle of "no litigation, no treatment".

(2) The emphasis of fairness and efficiency is different. Administrative protection is more efficient, the measures are more direct, rapid and powerful, and the procedure is relatively simple; the goal of judicial protection is the unity of justice and effectiveness, and the procedure is perfect, but the litigation cycle is relatively long.

(3) Protection measures are different. The measures of administrative protection mainly include ordering to stop infringement, sealing up and detaining, administrative penalties such as fine and confiscation of illegal income, and administrative mediation of compensation amount. Judicial protection includes civil relief, administrative relief and criminal relief of intellectual property rights, which makes tort and illegal subject bear civil liability, administrative liability or criminal liability. The forms of civil liability include cessation of infringement, elimination of influence, apology, compensation for losses, etc. the forms of administrative liability include cancellation and alteration of specific administrative acts and performance of legal duties, while the forms of criminal liability include criminal detention, fixed-term imprisonment and fine.

(4) There are different opportunities for follow-up relief. If the obligee is still not satisfied after administrative relief, he can also seek judicial protection, that is, the administrative settlement of intellectual property disputes does not exclude the subsequent relief opportunities of judicial settlement. The right holder can also directly seek judicial protection, but judicial protection is the final way of relief, and can not seek administrative protection because of dissatisfaction with judicial protection.

Date of publication: 2020/11/07 14:29:38 Number of browsing:127