Research Report Of The Intellectual Property Case Hearing By Zhengzhou People’s Court

Judicial practice is the best tool to test whether the legal provisions adapt to the reality of social development, changing the original research ideas, putting attention to the judicial trial is a viable research path. In recent years, many people’s courts in China as a pilot carried "Three Traditional Procedures have Consolidated to One System" into the exploration of the intellectual property trial, and formed the special some trial modes with local characteristics. Henan is a typical province in Chinese local implementation of intellectual property strategy, Zhengzhou is one of the pilot of Henan "Three Traditional Procedures have Consolidated to One System" in intellectual property case, in order to summing the trial experience, improving the quality of trials and the comprehensive strength of Zhengzhou intellectual property services, building the socialist market economy and harmonious society, research new situations and new problems in these case’s trial. Researching take empirical research and comparative studies. In one hand, retrieval judgment instruments of Zhengzhou intellectual property case from the network of the intellectual property referee book and the network of the senior people’s court in Henan. On the other hand, refer to the trial experience of other provinces, communicate with judicial officers, and make a comparative study about the trial of cases in2002-2007. Summed up some of the features of accepted and hearing intellectual property cases in Zhengzhou courts, such as, number of the cases raise rapidly, infringement cases have a large number, punishment is small. Due to defect legislation and institution building, there are some inadequate in Zhengzhou intellectual property case trial, like the convergence with the executive authorities is week, infringement of accountability efforts is light, the using of the "three Traditional Procedures have Consolidated to One System" mode is defect, and so on. The article put forward some proposal addressing these issues, like to build a perfect network of intellectual property protection, improve the "three Traditional Procedures have consolidated to One System" mode in intellectual property cases.