Practice And Suggestion Of Judicial Protection Of Intellectual Property Rights

Intellectual property protection in China is still in the research stage to be perfect, especially the development of knowledge-based economy, leading to further increase the difficulty of intellectual property protection. Judicial protection, China's current civil, criminal, administrative three major legal systems, which are required by law, but judicial practice, the judicial protection of intellectual property focused on civil trials, but the intellectual property of the trial team, awareness of the judicial protection of the parties, provisions of law are still problems. In view of this, the status of judicial protection of intellectual property rights, problems, work study and other mechanisms, has a very important practical significance.This paper combines the author's work experience to the court where the author's point of view, through the intellectual property rights case to the basic conditions and characteristics of the analysis, empirical case study method to analyze the case to the problems and put forward suggestions for future work. The first trial of the case of intellectual property institutions, the number of cases and case acceptance range are described, and thus presents analysis of the current characteristics of intellectual property cases. Second, by selecting the work of the four typical cases, some of the common IP cases to analyze the reasons for judicial decisions, legal protection center referee reflect cognitive processes, and thus arrive at one of the existing problems.Finally, the focus of judicial protection, made from a legal perspective, the institutional level, practice level, three aspects of reform proposals. To establish the legal level, the main principle of the jurisdiction where the defendant, increase the amount of statutory damages, reasonable and effective security provisions; at the system level, to establish a "three-one trial" system, "expert consultants" system; On a practical level to improve the intellectual property litigation guidelines, increase mediation efforts, judicial recommendations, to enhance guidance, to achieve increased efficiency of trial quality and trial purposes, thereby enhancing the judicial protection of intellectual property rights.