Research On Establishing Special Intellectual Property Trial Organ

Judicial protection of intellectual property is still at an initial stage in China. In recent years, it has attracted more and more attention of researchers. However, the relative rules and regulations are not perfect and there do exist certain problems as: irrational establishment of intellectual property trial organs, low levels of specialization of the judges for the intellectual property cases, not very strict cracking down on the infringement of intellectual property, insufficient research on the judicial protection of intellectual property. After consulting the judicial protection system of intellectual property in western countries, this essay put forward the proposition that trans-regional special intellectual property trial organ should be established against those problems by means of empirical study and comparative study. By the establishment of the trans-regional special intellectual property trial organ, judicial resources could be integrated; local protectionism could be prevented or eliminated; trial efficiency could be raised and judges' professional skills could be improved. In this essay, the idea of human rights, impartial procedure, and legal benefit have been illustrated from the aspect of legal principle, thus offering the theoretical frame for the establishment of the trans-regional special intellectual property trial organ. By analyzing the present situation of China's intellectual property trial system and by revealing the existing problems, practical basis of establishing the trans-regional special intellectual property trial organ has also been analyzed in details. Finally, the author put forward the proposition of establishing the trans-regional special intellectual property trial organ to make a breakthrough at present judicial system. Establishing scientific, rational, fair and efficient intellectual property trial organ, cultivating judges with special knowledge of intellectual property, setting up the system of expert jury, unifying the standard in law enforcement, and increasing the expenditure input all help to perfect our judicial protection system of intellectual property.