On The Development Of The Creativity Of Postgraduates

Intellectual Property Rights "three trial Integration" refers to the intellectual property cases heard by the Intellectual Property Tribunal, no longer under the existing procedural rules and institutional division of functions within the Court's courtroom for trial by a different system.There are many drawbacks in the traditional "three trial separation" system of intellectual property trial practice, Countries create a model of intellectual property trial that meet their own national conditions, the similarities of these models is Intellectual Property Rights "third instance one": Intellectual Property High Court in Japan, the German Federal Patent Court in Germany, Court of IP professionals in the UK. According to the analysis of theory and practice, intellectual property rights in the trial of the four existing institutional model, believe that the establishment of IP court is more in line with China's national conditions. Although the Court established the pattern of intellectual property has many advantages, due to China's court system involves many theoretical and practical issues, Court to establish the pattern of intellectual property will make drastic changes to China's Constitution and Procedure and other laws, that covers too wide. In China's "Outline of National Intellectual Property Strategy" has been referred to the establishment of "Intellectual Property Court" policy, and a large number of pilot projects already exist to provide practical experience. Pilot Court in Intellectual Property Intellectual Property identified the "three-one trial" system mode, Construction of the internal system of intellectual property rights and court procedures are still have some problems.In the article, the author describes the status of the trial of intellectual property rights, and makes a detailed analysis of the drawbacks of the Intellectual property trial "three separate trial" system in the practice. Secondly, make the analysis of intellectual property "one trial system for the three" theoretical feasibility. Finally, make the foreign and domestic "third instance one" mode of the system analyzed and compared, provides some references to establish China's intellectual property rights for the "three one-trial" .At the basis of the favorable theoretical and practices in domestic and foreign, I recommend: Establish intellectual property rights "three one trial" system, establish an intellectual property court, unfiy the name of a intellectual property court, separate Intellectual property court from Third Court of Civil, establish the formal intellectual property tribunal. In accordance with domestic and international experience and China's actual situation, propose the establishment of the Court of the specific internal systems of intellectual property proposals, and make some advices on how to set the course in the system of intellectual property court, Including: how to conver of the trial proceedings of three types of cases;how to identify the echnology Facts in the tintellectual property system, The executive authority, executive power is indeed set in the proceedings,in order to achieve the Intellectual property rights "three trial one" reasonable construction.