Chongqing City Intermediate People’s Court Of The W Intellectual Property Judicial Investigation

This investigation report on a case of Chongqing in recent five years the w intermediate people’s court case as the research target of this investigation report. The purpose of the survey was to the case of intellectual property in recent five years in Chongqing City Intermediate People’s Court of the W are summarized, the different aspects and the summary after the target case reflects the related discussion. The features and problems by exploring the target case at the trial court shows, then carries on the analysis or description of these problems and characteristic, finally put forward their own views and suggestions aiming at the typical problems show.Firstly, this paper introduces the investigation report of the objective in the introduction; the relevant basic information of the target case collection; the current litigation motivation has diversified characteristics; investigation means the report etc..Secondly, this paper introduces the general situation of the investigation report of the investigation background and target case investigation report. The report is the background of intellectual property cases in the economic era of knowledge property right under the environment of the Chongqing City Intermediate People’scourt accepted w presents the characteristics and the presentation of the trial court must weather vanes role. Intellectual property is increasingly becoming the development of the national economy is important one annulus, and further development of intellectual property rights and improve the economic effect of all walks of life in China, to expand domestic demand, increase employment rate has an important role in. Probability in this case produced with intellectual property disputes are getting big.Investigation report of case is the goal of intellectual property cases the w intermediate people’s Court of Chongqing City laboratory archived from 2009 to 2013 and the acceptance and trial, and in accordance with their type of case that copyright, trademark right,patent classification are presented. Due to large number of target case and has characteristics of three types of intellectual property are presented in the trial of the similarity, the characteristics of the three types of intellectual property rights will be carried out from the following five aspects: the cases of disputes over the right of copyright disputes, trademark disputes, patent composition of three types of different types of cases case and the respective proportion;three types are illustrated case statistical analysis series of cases and series of cases the plaintiff and the defendant in case(because the amount is huge, only a part of abstract), series of case refers toa type of case below multiple lawsuits filed by a plaintiff; analysis the statistical properties, mainly from the aspects of the plaintiff is a natural person or enterprise to carry on the analysis; three types of case judgment, mediation and withdrawal, ratio analysis; analysis of compensation cases, this part will mainly quantity, from the case of compensation for each case the average amount of compensation, compensation and other aspects of analysis of total demand.At the end of this paper, put forward their own views and suggestions according to the characteristics of three types of outstanding cases on the part of the presentation of the problems reflected by the judicial protection of intellectual property rights, in Chongqing, is not a short duration of time to complete, not single handedly can reach, the judicial protection of intellectual property rights in Chongqing need to co-ordinate all aspects coordination.The court as the intellectual property disputes judges, should pay attention to the legitimate rights and interests of both parties,unified trial standard, overall consideration of various factors, pay attention to fairness; intellectual property rights of people to do a good job of intellectual property management and the operation,the establishment of intellectual property rights related emergencymechanism, when the litigation occurs can be purchased to collect evidence quickly and accurately, to protect their own interests.In the conclusion the author also expressed, after all this is standing in an intermediate court perspective to analyze the status quo of the judicial protection of intellectual property in Chongqing, is not comprehensive, but the author still hopes that this report for the judicial protection of intellectual property rights in Chongqing can play a role of casting a brick to attract jade.