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Research On The Construction Of Chinese Intellectual Property Court

Posted on:2015-11-14Degree:MasterType:Thesis
Country:ChinaCandidate:Y XiaoFull Text:PDF
GTID:2296330434453116Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
With the fast development of the knowledge based economy, people need to strengthen judicial protection of the intelligent Property right urgently. Nowadays the civil case of the intelligent property right case judgment, Administration judgment, the pertaining to crime judgment is rule over by the different court respectively. The mode that this kind of dispersion take up cause creation rule over the conflict and judge the Profession worse and judge lowly many problems of efficiency, directly affected the judicial Protection of intelligent property right further exaltation of the level. Through integrate the judicial resources; we set up the specialized court of Intelligent property right to change the system. Our country in the last ten years, by some courts,"three one-trial" mode the pilot tried to reform the existing decentralized system, and constantly explore new mechanisms for IPR trial. In2008the State Council promulgated the "CPC Central Committee on deepening reform of the overall number of major issues,""National Intellectual Property Strategy" and in2013issued the request from the specialized features of intellectual property trial starting, study and learn from the successful experience abroad, seize transition from "three trial intellectual unity" to "specialized IP court" model for the realization of the unity of the administration of justice intellectual Property values and the concept of the pursuit of efficiency, has tried to build socialism in China focused on the characteristics of the intellectual property rights of civil, specialized IP courts in criminal and administrative cases.This article from the analysis of the Court of Appeal judgment in intellectual property cases,"three one-trial" advantages and disadvantages of the two mainstream view, based on our current legal environment has been good, combined with the basic national conditions and the existing judicial system, to grasp the basic principles, content jurisdiction of intellectual property around the court, the trial-level institutions, such as the division of responsibilities in detail how to build aspects of the specialized courts intellectual property rights.
Keywords/Search Tags:specialized IP court, court of Appeals, judicial reform
PDF Full Text Request
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