The Reaserch Of The New Swiss Federal Patent Court

With the prevalence of intellectual property rights in the world, countries paymore and more attention to the development of intellectual property which plays aparticularly important role in the process of its development. To protect intellectualproperty rights,countries around the world attempt to establish different forms ofspecialized courts related to the intellectual property protection. In this context, theSwiss Federal Patent Court was formally established in2012and come into takingeffect, which centralized patent civil cases dispersed in26states into proceeding withthe hearings. On the one hand, the establishment of the new Swiss Federal PatentCourt are conducive to enhancing the professional competence of hearing patentcases；on the other hand it will help attract other countries to hear patent cases inSwitzerland. Although the market is very small in Switzerland, which has only about30patent cases per year, some specialized patent courts are still set up to handlepatent disputes, which have some inspiration for our country to build specializedjudicial organization of intellectual property.From the background,the basis,the organizational structure,and the trialmechanism for the establishment of federal court, this paper conducts generalintroduction and research on of the Swiss Federal Patent Court, and summarizes thefeatures of the new Swiss Federal Patent Court on the basis of comparing with courtshearing intellectual property cases in the United States, the United Kingdom,Germany, Japan, and several major countries. Eventually,China draw lessons fromSwiss Federal Patent Court by analyzing the status of China’s organizationsspecialized in IPR trials,and the questions of intellectual property trial system havebeen revealed. The intellectual property rights in China should take cognizance of thefollowings to help improve the system of judicial protection of the intellectualproperty in China：the improvement of legislation；the formulation of relevant systemadministrating judicial organization of intellectual property rights to unify theintellectual property trial standards；the establishment of exclusive specialized courtsby province or region based on the economic condition; the introduction of part-timejudge system；and the establishment of technical judges library and so on.