A Study Of Construction On The Court Of Intellectual Property In China

The setting up of a unified IP court focused intellectual property rights in civil, administrative and trial of criminal cases, is the international development trend. In order to solve our current system of intellectual property trial drawbacks, and strengthen protection of intellectual property, the State Council promulgated the "Outline of National Intellectual Property Strategy" in June 2008, proposed the establishment of specialized IP courts reform objectives. The objective of the proposed reform, intellectual property litigation system in China will have real and profound impact. In this paper, Based on the comprehensive analysis and reference to legal theory and judicial practice in some authoritative views and practices on the basis of experience to the court for how to build intellectual property issues in China put forward some ideas of reform.Article is divided into four parts:The first part is "an overview of our trial system of intellectual property." Mainly from the jurisdiction of intellectual property cases in the judicial system and the current trial of the main problems in practice, based on the existing judicial system proposed can not meet the real needs of urgent need of reform.The second part "of intellectual property rights of domestic and international status of trial mode." Intellectual property rights on the International Court of Justice introduced the main mode and set the judicial practice in a number of reform attempts, noted that the establishment of specialized IP courts to follow the world trend of development and reform of intellectual property litigation, judicial practice in line with our need for the necessary measure.The third part is "Building a model of intellectual necessity and feasibility of the court." This article first intellectual property from our domestic and international situation faced by the trial and judicial practice, the problems encountered in the two angles to discuss the need for the establishment of IP courts. Then from the intellectual property of the Court already has established the theoretical basis and practical conditions both to illustrate the feasibility of establishing intellectual property courts.The fourth part is "Building a model of intellectual property rights appellate court vision." first mainstream academic comparison of some analysis, we should be based on China's national conditions, building the actual situation of intellectual property rights in line with our court. Mode and then from the Court, supporting the angle of the system security and many other ideas, after the establishment of intellectual property in order to achieve the effective operation of the court system...