Research On The Reform Of Swiss Patent Litigation System And Its Enlightenment To China

Under the background of knowledge economy and globalization, there are more andmore intellectual property disputes within the scope of the world，and because of thedivision of science and technology becomes more detailed, it deepened the degree ofspecialization of intellectual property rights and further increased the difficulty on thesolution of the intellectual property disputes. As a result, intellectual property litigationspecialization has become the common choice of developed countries in order to meet thespecialization requirements of increasing intellectual property disputes.Not long ago, in order to improve their professional level to enhance theircompetitiveness in the European patent litigation system, Switzerland has carried on themassive patent litigation system. And for our country in the face of the new situation ofthe world, to meet the needs of the protection of intellectual property rights, intellectualproperty litigation specialization has become the first choice for intellectual propertylitigation system reform. And there are two paths can implement intellectual propertylitigation specialization, respectively is the system of “three review to unite as one” andbuilding the intellectual property rights courts. In view of the shorter history of ourcountry’s intellectual property rights lawsuit system construction, our country is lack ofexperience compared to European and American countries, and the theory system has notbeen formed at present. Therefore, under the background of globalization, it is an effectivemeasurement for us to draw lessons from foreign advanced experience to speed up theconstruction of our country intellectual property litigation system.First of all, through the analysis of the Swiss patent litigation reform involved in allaspects of application system, including the judicial subject structure of structure analysis,procedure analysis and so on, the paper will have more detailed analysis of the legalpractice of the Swiss patent litigation reform, so that we can draw more lessons from thetheir theory and practice experience.Secondly, based on the analysis of Chinese implementation situation of the reformmodel of “three review to unite as one” and combined with China’s national conditions and international environment, the paper will analysis the lack of intellectual propertylitigation reform in our country, so that we can draw lessons from the Swiss patentlitigation system reform, and explore intellectual property lawsuit system with Chinesecharacteristics.Finally, in view of the reality of China and combined with the achievements thatachieved by domestic scholars in our country intellectual property litigation specialization,the author puts forward the suggestions from two aspects of perfecting the judicialorganization and setting up the system of technical experts as the jurors. This article hopesto explore a kind of intellectual property litigation mode which accords with the situationof China, and in this way to improve the quality and efficiency of the trial of intellectualproperty rights in China, and fast promote the development of our country intellectualproperty strategy.