The Research Of Judicatory Of Intellectual Property On Three Trial Integration

In this article, the intellectual property trial system as the starting point, systematic search through the construction of research results and system of domestic and overseas, on China’s intellectual property trial of three instance one mode of. Three the combination mode of trial system of intellectual property rights is the development of trial system division on the existing three trial, in line with the characteristics of intellectual property cases, in accordance with the requirements of intellectual property cases in our country at the present stage, is conducive to the realization of the value of litigation, intellectual property on three trial Integration refers to the criminal cases of intellectual property rights, relevant civil cases and administrative cases, the trial court in intellectual property are not unified, the trial court internal function mechanism in accordance with the provisions of division and litigation. This article through carries on the analysis to the Shanghai, Guangdong and Hunan reform practice and analysis of Germany, Japan, America, Taiwan and other countries and regions in intellectual property adjudication system, we can see that the industry and judicial system of intellectual property rights is not only the establishment of the three trial mode of our country’s request, also is our country realize the route one must take judicial justice of intellectual property cases. But one of the intellectual property right reformation of the judicial system in practice there are many problems in our country’s three trial. Such as the lack of relevant laws and regulations, three the combination of intellectual property trial court building,"first punishment queen people" and "ancestors punishment" concept of the contradiction, technical fact-finding system has defects, talent team construction backward question. In the three trial Integration of intellectual property rights system construction process should pay attention to the combination of three intellectual property adjudication system construction, perfect the legal basis for the three trial mode of intellectual property trial court building, from the traditional "first punishment queen people" to "people, strengthening the punishment" three the combination mode of professional and technical fact-finding system construction, improve the personnel training system construction.