Reflection And Reconstruction Of Intellectual Property To An Invalid Program

The "Agreement on Trade-Related Aspects of Intellectual Property Rights "(the TRIPS ), one of the important legal documents in the WTO, aiming to reduce the trade distorts and barriers, gives effective and proper protection to the intellectual property. Our country had modified the "Patent Law" and the "Trademark Law" from 2000 to 2001, to conform to the WTO. In the past, the "Patent Law" only provided the invention patent the opportunity of judicial reviewing, and the "Trademark Law" none. The present "Patent Law" provides all kinds of patents the opportunities of judicial reviewing, and the present "Trademark Law" also applies the principle. To a great extent, the changing makes progress, because it matches the judicial reviewing principle of the TRIPS. But the building of the judicial reviewing principle in the intellectual property law is still under the frame of traditional administrative procedure, so inconsequence gradually exposes, especially in the invalidation procedure.This paper tries to raise a way of reforming the invalidation procedure in the intellectual property law in our country, by analyzing its present status, referring to the provisions of the TRIPS and the overseas experiences. In recent years, establishing the intellectual property court is put forward more and more frequently in the theories field. But there's no consistent opinion of how to build up it and which mode should be adopted. Also, the academe in our country has few treatises on how to overcome a series of problems along with the establishment of the intellectual property court. This paper tries to propose establishing the intellectual property court to get over the irrationality in the present invalidation procedure of the intellectual property law, then it launches treatises on how to build up it and which mode we ought to adopt.There are four parts in this paper.The first part relates the process of the invalidation procedure in the intellectual property law of our country. After explaining the basic concepts, such as "invalidation procedure" and "judicial reviewing", the writer reviews the history of the invalidation procedure, giving an affirmation to its progress.