Research On The Reform Of Intellectual Property Right System

From 1990 s, the law experts and scholars of our country began to discuss the reformation in the judicial patterns of intellectual property rights(IPR) cases, and voice has been growing for setting up special courts for IPR cases. Decision of the Central Committee of the Communist Party of China on Some Major Issues Concerning Comprehensively Deepening the Reform passed by The Third Plenary Session of the 18 th Central Committee of the Communist Party of China put forward the idea of “explore ways to set up IPR courts”, which is the first time to present the idea of setting up IPR courts in the form of files officially. In 2014, the country set up IPR courts in Beijing, Shanghai and Guangzhou. By now, the plan for setting up IPR courts has been on track. This thesis aims at discussing the possibility and necessity of establishing IPR courts based on some authoritative opinions and practical experience within both academic and practical law field, combining other successful experience from abroad, and put forward some reformation proposal about establishing IPR courts. The whole thesis can be divided into three parts:The first part will summarize the existing judicial system of IPR cases in China.Firstly, the general provisions of judging the civil, penal and administrative cases of IPR respectively will be introduced, which shows the judicial pattern is incompatible with the practical situation, as it is bad for maintain the judicial authority, improve the judicial levels and save the judicial resources, etc. By the analysis of the two parts, it will be proves that the existing judicial system of IPR cases is not suitable for the social development of our country. At last, this part will introduce the theoretical explorations for setting up IPR courts and the relevant judicial practice in our country,which explain the situation of lawmaking and the theoretical directions of the law experts and scholars of our country.The second part will analyze the purpose and motivation of the reform of the judicial system of IPR cases in China. Firstly, the purpose the reform of the judicial system of IPR cases will be explained. That is the reform of the judicial system of IPR cases can solve effectively the disadvantages of judging the civil, penal andadministrative cases respectively and uniting the trial of all these three kinds of cases together and the contradiction of theory and practice. Secondly, the motivation of the reform of the judicial system of IPR cases will be introduced. Which mainly includes two aspects. One is to gain some inspirations of the reform of the judicial system of IPR cases from the successful experience of foreign IPR courts. The other one is that our country has already met the hardware conditions to reform the judicial system of IPR cases. So reform of the judicial system of IPR is imperative.The third part will introduced the assumption of reform the judicial system of IPR cases in China. First, the general analysis on three IPR courts newly established.Second, to design the framework of the judicial system of IPR cases, and to make clear the final target, reform ideas and blueprints of establishing IPR courts. At last,this part will analyze jurisdiction territorial jurisdiction and judicial hierarchy to make jurisdiction system clear. And this part puts forward a plan for establishing and improve the corresponding measurements of reform of the judicial system. This paper tries to establish the system of technical investigation officer and expert assessor for circulating the IPR courts.In the analysis above-mentioned, it will prove that the reform of the judicial system of IPR in China is imperative, and our country has already met the conditions to reform the judicial system of IPR cases. And it will prove that the system of special court for IPR cases will solve the disadvantage of current judicial system of IPR cases Through the improvement of the system.