Intellectual Property Rights Tridimensional Trial Pattern Research Exampled By The First Infringement Of Trade Secrets Case In Lanzhou

Trialing all kinds of intellectual property rights cases legally is the center of gravity of intellectual property rights trial work in all levels of People's courts. Involving the intellectual property rights question in the cases, it has three broad headings in the court, respectively is the criminal activity, civil, the administrative case. These cases already covered all intellectual property rights law domain, enabled the People's court intellectual property rights judicial function to obtain the comprehensive display. Under the traditional trial pattern, three kind of cases the nature is different, trials judged by the corresponding adjudication division separately. For the unification of law enforcement criterion, raising the lawsuit efficiency, specialization of the intellectual property rights trial organization has become an international tendency gradually. "Outline of the National Intellectual Property Strategy" pointed out in "Strategic Measures", " Improve the trial system for intellectual property, optimize the allocation of judicial resources and simplify remedy procedures. Studies need to be carried out on establishing special tribunals to handle civil, administrative or criminal cases involving intellectual property. Studies also need to be done to reasonably centralize jurisdiction over cases involving patents or other cases of a highly technical nature. Explore issues on setting up courts of appeal for cases involving intellectual property. Judicial organs for handling cases involving intellectual property need to be further strengthened and well-staffed to improve the handling of cases and enforcement of the law. Under the intellectual property rights Tridimensional trial pattern which called "Three Traditional Procedures have consolidated to One System", it provides a relief and the way of choice to have the explicit foresight to the obligee, the free choice to be able to protect one self's rights fully and comparatively, thus prompt attacks the abuse of authority powerfully. At the same time, the intellectual property rights trial's Tridimensional protected mode can be effectively coordinated between the civil compensation and the criminal fine relations, enables the victim to obtain effective and the arriving economic compensation in the civil case, maximum limit protects obligee's economic interest. The intellectual property rights judge contacts the intellectual property rights tort frequently, but the criminality is in itself one kind of abuse of authority, therefore behavior determining the nature of speaking of intellectual property rights judge becomes easier, this avoided penal judge searching the intellectual property rights specialized material separately and saves the nonessential waste. We reviewed the LAN Zhou first example Infringement of Trade Secrets case and the case's trialing situation in the first chapter, and summarized the analysis, in the case tries certain questions which in the process appears, for the intellectual property rights "Three Traditional Procedures have consolidated to One System" proposed that (We made all real names hidden goes in article because this case involves business secrets); In the second chapter, We examined present situation and the characteristic of our country intellectual property rights trial carefully, through traditional trial pattern malpractice analysis as well as overseas with in our country Taiwan area intellectual property rights trial thrdimensional trial pattern practice procedure, has shown the superiority of intellectual property rights thrdimensional trial pattern; In the third chapter, we elaborated necessity and the feasibility of the intellectual property rights Tridimensional trial pattern, embarks from the intellectual property rights thrdimensional trial promotion's rationale, successively to the intellectual property rights thrdimensional trial promotion's necessity and the feasibility analysis, draws the conclusion finally, places on trial at present the resources so scarce situation in our country, the trial pattern has rationality and necessity; Through our country various Local court thrdimensional trial pattern practice's introduction in the fourth chapter, we made the reader know the form and the content of Tridimensional trial pattern in our country present stage; In foundation of the fourth chapter, the flaw proposed in view of the regional practices and we made the perfect countermeasure in the fifth chapter, which provides the theory support for this pattern's comprehensive promotion.