From the case of Houda training institution accused Ruida training institution，seeing the infringement of intellectual property right

Abstract：Based on the concept and characteristics of Intellectual Property Infringement in Houda training institution accused Ruida training institution case，this paper analyses the current situation of intellectual property protection in China，analyses the reasons behind the infringement in the field of intellectual property，and puts forward countermeasures to solve the problem.

Keyword：Intellectual property rights；The infringement；Behavioral characteristics

Preface

In recent years，the judicial examination continues to be hot，has spawned a large number of judicial examination training institutions.Ruida training institution has also directly copied and used Houda training institutions achievements.

Chapter One Background

The intellectual property infringement case of Houda training institution company accused Ruida training institution company has attracted the attention of many people in the legal field.

But in January 26，2018 cases of the turning point，thick big companies take the initiative to apply to the court a case，and bear the court costs 135450-yuan，thick big company dropped the hype or not constitute infringement of intellectual property，is worth our discussion.

Chapter Two Introduction to intellectual property

I.Concept

Intellectual property，as a kind of intangible asset，refers to the exclusive right of people to their intellectual achievements legally obtained by virtue of their own labor，which is also known as the right to knowledge ownership.

II.Characteristics

Intellectual property rights have the following characteristics： first，proprietary.Second，regionalism.Third，timeliness.

III.Scope of intellectual property protection

Different ranges will be drawn under the wipe and the trips agreement.First，according to the provisions of the world intellectual property organization.

Chapter Three The problem of intellectual property right infringement lies in our country

I.The causes of intellectual property infringement

Intellectual property involved in the field is very wide，almost everywhere in the life of intellectual property protection，especially in the field of information technology，such as software and database，and intellectual property in the long-distance transmission on the Internet.

II.Characteristics of intellectual property infringement in China

We are in the information age，in such a background of The Times gave birth to a lot of high-tech things，intellectual property protection shows the characteristics of high-tech as the leading，the identification of the nature of some infringement cases is more difficult and complicated.

Chapter Four Countermeasure and rule mechanism of

intellectual property right infringement in China

I.Legislative strategy

The lag of legislation and limitation of intellectual property protection is becoming more complex，listen，establish intellectual property expert intelligent library.

II.The judicial policy

In addition，due to the professionalism and complexity in the field of intellectual property rights，the identification of infringement should be strict and accurate in the judicial process，so as to improve the judicial level and optimize the judicial means.

III.The administrative strategy

In the aspects of intellectual property registration and intellectual property management，effectively review and manage intellectual property and ensure that the legitimate rights and interests of applicants are effectively protected.

Chapter Five The concluding

In the judicial examination training industry，famous teachers，as one of the most important strategic resources in this field.At the same time of improving the market competitiveness，we should take the responsibility of education，return to education itself，to provide candidates with better judicial examination training services.To avoid relevant disputes，judicial examination training institutions should start from multiple aspects，such as enhancing their core competitiveness.

作者簡介

遲慶東（1993—），男，漢族，山東五蓮人，在讀碩士研究生，青島大學法學院，法律碩士。