A Feasibility Study On The Establishment Of Intellectual Property Courts In China

In the21st century,knowledge economy is rapidly developing.As the central powerto encourage technology innovationand promote the economic development, intellectualproperty is held in great honor.Intellectual property protection system has becomeextremely importantin all countries and regions.In recent years，though our intellectualproperty protection system has some development, our intellectual property protectionsystem is still in the primary stage compared with other developed countries in theworld.According to our present trial system, the intellectual property protection systemhas still some problems. For example, intellectual property cases are tried by theordinary court dispersedly. The model causes some problems of lack of professionalism,trial jurisdiction conflict, and low efficiency,and influences on the further improving thejudicial protection level of intellectual property rights directly. Through the integrationof judicial resources, establishing the intellectual property court to exercise unified civil,administrative and criminal jurisdiction has the important practical significanceto theimproving the judicial protection level of intellectual property rights.Establishing theintellectual property court not only meets the actual needs and improves the efficiencyand quality of the trial of intellectual property cases, but also complies with theinternational situation and provides the best way to improve our level of intellectualproperty protection.Based on comprehensive analysis and judicial practice, the thesisgives some advice on how to build our intellectual property court. The thesis includesfour chapters:The first chapter is “a summary of our trial system of intellectual property”. Thepart mainly states the current situation on the trial systemand trialorganizationofintellectual propertyand points out the problems of the intellectualproperty trial system and reforms it.The second chapter is “the necessity and the feasibility of building intellectualproperty court”. At first, the part states the necessity of building intellectual propertycourt from the current situation at home and abroad and the problem of our juridicalpractice, then states the feasibility of building intellectual property court from our strong theoretical basis and realistic conditions.The third chapter is “a review of intellectual property systems in other countries”.The part states four intellectual property trial models and analyses some characteristictrial models in other countries and regions in detail.The last chapter is “an imagination of building an intellectual property court”.Atfirst, the part analyses the three models given by the theoretical circles and points outthat building intellectual property court should be in accordance with Chineseconditions. Then, the part gives some advice on the trial model, legislative protection,the trial level system, jurisdictional system, judicial procedure, the trial system and soon from different perspectives.