Journal of East China Normal University (Philosophy and Social Sciences) ›› 2020, Vol. 52 ›› Issue (1): 107-116.doi: 10.16382/j.cnki.1000-5579.2020.01.011

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Jurisprudential Analysis of Judicial Policy on Strict Protection of Intellectual Property Rights: A Four-Dimensional Perspective of Boundary, Intensity, Means and Effect

WANG Guo-zhu   

  • Published:2020-01-14

Abstract: The judicial policy of "strict protection" of intellectual property rights has rich connotation and clear goal-directed action, which is consistent with judicial justice. The judicial policy of "strict protection" can be interpreted from four dimensions:boundary, intensity, means and effect. The determination of the boundary of rights protection is the starting point of strict protection. In determining the boundary of rights protection, we should strictly observe the legal boundary, adopt the interpretation method under the guidance of "balance theory" and delimit the right boundary in resolving the conflict of rights. We should recognize the strength of intellectual property protection rationally and objectively, adhere to the "rigid foundation" of protection intensity, grasp the "moderate" of the protection intensity by "strict" scale, stick to the priority of compensation amount established by the legislation, and apply the judicial policy of "strict protection" in the "legal compensation". To realize strict protection of intellectual property, we need strengthen rule thinking, law interpretation and reasoning, and the credibility in litigation. The effect of strict protection of intellectual property rights is embodied in precise protection, proportionate coordination and uniform standards of judgment.

Key words: intellectual property rights, judicial policy, strict protection, right boundary, protection intensity