Research On Intellectual Property Rights Of Business Case

Service is a basic responsibility of the court, which is bridge of information transmission between the court and the parties concerned, not only through the whole case in court,but also the connection link between the procedural law and substantive law. In the judicial practice,the civil service plays an important role, which couldn’t be ignored. It is directly related to justice and efficiency of court trial work. Therefore, in-depth study of China’s civil service system is of great significance to promote the civil service work to be accomplished effectively.In recent years,with the increasing of intellectual property rights and business case,service of legal instruments work also will be harder. Service problem becomes more and more obvious,which seriously hindered trial work of the court to go on smoothly. This paper works over intellectual property rights and commercial rights protection of some intermediate People’s Court in central H province in recent five years, to make service problem typed by combining seven ways of service. And on this basis, this paper studies reasons of service problem, and makes suggestions on how to solve service problem by summarizing and inducing the private achievements. Through the empirical analysis, the author found that service problem of the intellectual property rights and commercial rights protection embodied in poor effect,non-standard service procedure, the higher cost of service and evasion of universal service. The main reasons are inquisitorial authority principle patter,imperfect service system, unsound social credit system, lack of recognition of lawsuit risks, and the parties concerned mobility. Finally,the author put forward some ideas to solve service problem,such as establishing the assist delivery obligations of the parties,perfecting current way of service,creating new ways of service,and establishing responsibility mechanism that obstructed service and giving more publicity to law. The author hopes this paper can provide references for solving service problem in judicial practice.