Resarch On The Intellectual Property Trial Mechanism In China

With the rapid development of the national economy, the intellectual property rights isbecoming more and more important, and the intellectual property rights issue is becomingmore and more serious. The cases of intellectual property are on the increase and the types arediverse. In order to find scientific and reasonable solution of the intellectual property trialmechanism, there are different trial type all over our country, especially in the Beijing,Shanghai and Guangdong, there are local characteristic intellectual property courts in thesearea. However, there are still some shortcomings of the current intellectual property trialmechanism in China, which waste legal resources and harm the public benefits. Thoseproblems show the importance of intellectual property protection and the urgency ofimproving the intellectual property trial mechanism.This paper is divided into an introduction, the issue of the intellectual property trialmechanism, the status of the intellectual property trial mechanism in China, problems of theintellectual property trial mechanism in China, comparative analysis of foreign intellectualproperty trial mechanism and suggestions on the intellectual property trial mechanism inChina.The first part of the paper is the introduction; it mainly includes the backgroundsignificance, present situation, the focus and innovation. In this section, the author firstexplains the importance of intellectual property rights in economic development, pointing outso many deficiencies in the current intellectual property trial mechanism, such as the lack ofprofessional high quality of judges, poor adjudication of overlapping civil, criminal andadministration IP cases. Secondly, this part describes the theoretical and practical purpose ofthe study. After that, it will analyze the current research on the status of domestic and foreignintellectual property judicial mechanism. Finally, the author focuses on the suggestions andinnovations.The second part of the paper is the basic issue of the intellectual property trialmechanism; it mainly includes the implications of the intellectual property trial mechanism,the characteristic of the intellectual property trial mechanism and the significance ofimproving the intellectual property trial mechanism. Firstly, the author discusses the conceptof the trial mechanism, then defines the concepts of the intellectual property trial mechanismboth in the broad and narrow sense. Secondly, this paper will bring forward three features ofthe intellectual property trial mechanism. Finally, the article focuses on the significance ofimproving the intellectual property trial mechanism.The third part of the paper is the status of the intellectual property trial mechanism in China; it mainly includes the “separation of three trials” intellectual property trial mechanism,“three-in-one trial” intellectual property trial mechanism and the “two-in-one trial”intellectual property trial mechanism. In this section, the author first introduces connotationsand problems of the “separation of three trials” intellectual property trial mechanism.Secondly, this paper introduces the “three-in-one trial” intellectual property trial mechanism.Finally, this paper introduces the special intellectual property court in Beijing, Shanghai,Guangdong.The fourth part of the thesis is five problems of the intellectual property trial mechanismin China. Firstly, the unreasonable level-jurisdiction; Secondly, poor adjudication ofoverlapping civil, criminal and administration IP cases; Thirdly, the judges’ professional levelis not high as a whole in our country; The fourth is the patent invalidation mechanism is notperfect; The fifth chapter puts forward the incomplete technological fact finding.The fifth part of the paper is comparative analysis of foreign intellectual property trialmechanism, including the United States, Japan and Germany. First of all, the authorintroduces the United States Court of Appeals for the Federal Circuit, reexamination and interparte reexamination. Then, the author introduces Japanese Intellectual Property Court,including the technique investigator and experts committees. Then, the author introduces“Bundespatentgericht” and technically qualified judges. Finally, the author sums up someinstructive inspirations by analyzing foreign practices.The sixth part of the paper is suggestions on the intellectual property trial mechanism inChina, it mainly includes six measures. Firstly, improvement of the level-jurisdiction;Secondly, coordinating adjudication of overlapping civil, criminal and administration IP cases;Thirdly, the author suggests that cultivate high-quality composite personnel; Fourthly, theauthor suggests that establish the efficient patent invalidation mechanism; Fifthly,strengthening the technological fact finding by setting technological investigators; Sixthly, thedevelopment perspective of the intellectual property trial mechanism.