A Study On The Question Of Establishing The Unified Intellectual Property Rights Appellate Court Of Our Country

In knowledge economy time today, the huge promoter action of the intellectual property rights system which to the economical development, the society progresses appears more prominently. Some scholars state we should rise the intellectual property rights strategy as the national first strategy. The vital significance of intellectual property rights system lies in "giving oil of fire to benefit the talent". The trial centralization pattern of intellectual property rights has become the international general method, we must say, at present, changing the trial mold of intellectual property rights from diversity to suitable centralism will be the intrinsic request of intellectual property rights system. The establishment of unified intellectual property rights appellate court is the general trend of events. The intellectual property rights appeal trial organization independently coming out from the present ordinary court adapts the choice which meets society development and needs. Our country has already put establishing the specialized knowledge property rights court or the unified intellectual property rights appellate court on the agenda. Our country has the necessity to establish intellectual property rights appellate court, and the conditions have already been mature. Studying this question has not only certain theory but practical meaning. Based on this, this article studies the question, The paper altogether includes four parts:The first part is "the present situation and the appraisal of establishing of foreign intellectual property rights courts". In this part, the author introduces four molds of establishing of foreign intellectual property rights courts and points out the establishment of special intellectual property rights trial organization has represented the intellectual property rights trial development direction by introducing the present overseas intellectual property rights lawsuit situation and our country present intellectual property rights lawsuit mechanism and its insufficiency. The theory in our country to establish specialized knowledge property right trial organization has been ripe. Just happening to meet the third time to revise the "Patent Law", we must hold the opportunity, to facilitate the specialized knowledge property right trial organization — the intellectual property rights appellate court to establish.The second part is "the theoretical analysis to establish unified intellectual property rights, appellate court ". In this part, obtaining from the characteristics of intellectualproperty rights lawsuit, the author points out the intellectual property rights lawsuit are very strong in specialized, technical nature, which needs the specialty talented person with high quality to try, It's even particular so in second trials of the intellectual property rights;Realistic intellectual property rights lawsuits need us to do so, the development trend of intellectual property rights lawsuit call on us to establish the intellectual property rights appellate court. The basic values of justice is efficiency and equity, the establishment of unified intellectual property rights appellate court is for to advance justice efficiency and is for to realize equity. The establishment of intellectual property rights appellate court has the obvious achievements. Establishing the intellectual property rights appellate court in our country is feasible.The third part is "the judicature organization reform and the establishment intellectual property rights appellate court". First to point out, present judicature system in our country cannot meet the realistic need and needs to be reformed;Subsequently to point out, we must improve the status of the people's court status and reform financial system and so on. Finally to point out the establishment of intellectual property rights appellate court should be the product of the judicature organization reform.The fourth part is " the preliminary idea in our country to establish the unified intellectual property rights appellate court ". This article points out we can not do as other countries do without any change. We must inherit after criticism, we can do from two aspects to insure the intellectual property rights appellate court to exercise the judicial authority steady, independently., they are law safe and moving safeguard.