Research On The Proceedings Of Intellectual Property

Modern science and technology develops rapidly. Technological innovation,intellectual property and a series of technological innovation to promote the developmentof knowledge-based economy is increasingly becoming the focus of various countries. Inour country, knowledge is power; the awareness of the concept of independent innovationand protecting intellectual property rights in accordance with the law has been deeplyrooted among the people, therefore, cases involving the intellectual property are moreeffectively protected by the justice system.At present, the proceedings of the intellectual property cases have much weak. Forexample, our trade secrets had been taking the proceeding of parties applying non-publictrial, but objectively speaking, it does not prevent someone who attend thelitigation-related illegal using or disclosing to any third party; experts and identifiers inintellectual property cases in China trial well compensated for the judges who are lackingof technical knowledge, but on the current practice it has exposed a lot of drawbacks; inthe civil and criminal litigation on the validity of defense handler, the accused ofinfringing the defendant party is often in a patent infringement criminal cases heard in thecourse of the proceedings or other intellectual property, patents improper grounds to thepatent Reexamination Board, trademarks reexamination Board declaring the patent,trademark revoked, invalid request. If the patent, trademark is declared invalid, theinfringement complaint or other intellectual property criminal complaint is on passivewater. For these imperfections, through a comparative analysis of common law, civil lawcountries the advantages of intellectual property proceedings, author gets inspired to putforward ideas and improve our intellectual property rights. This text is divided four parts:The first part of this article is the overview of the proceedings of intellectual property.It will introduce the definition of intellectual property proceedings, changes andtheoretical studies. We mainly use the method of legal theory analysis.The second part which uses comparative research methods and dialectical analysiswill compare the intellectual property proceedings and focuses on the common law countries, just as the United Kingdom, United States, civil law countries, such as Germany,Japan and other countries and the Taiwan region of China on the Intellectual PropertyTrial Law adopted the new procedures. We can compare the proceedings of trade secrets,invalid defense and technicality. We shall be inspired by the establishment of intellectualproperty in China through a comparative analysis on intellectual property proceedings.The third section describes status, problems and causes of the procedures ofintellectual property. We can find the problem through the status and undertake the secondpart. Specific analysis of China’s trade secret protection program is not the litigants set theobligation of confidentiality procedures; invalid defense program in the patentinfringement litigation triggered by the loop litigation and the jurisdiction of the issue ofreunification as well as our country is currently involved in the technology identified bythe defects cause analysis.The fourth part is the idea of improving our intellectual property litigation. Itprovides some suggests to three kinds of proceedings，such as the proceedings of tradesecrets and Technical Review Officer. We can learn the law of Taiwan district, and authorproposes to establish Intellectual Property Procedure Law.Our country has already perfected greatly on the legislative and judicial practice forthe proceedings of intellectual property. Sages Dworkin has long emphasized that "the lawis a continuous improvement of practice," therefore, we must improve the proceedings ofintellectual property in the judicial reform. Learn from the practices of foreign commonlaw, civil law, and Taiwan, we conduct a rational analysis and hope to find a better fit sothat our intellectual property rights are protected more effectively and our society is moreharmonious and stable.