Research On The Trial Pattern Of Intellectual Property In China

In China, the Trial Pattern of Intellectual Property has experienced several decades of development, during which three trial patterns of intellectual property have been gradually established, including "three trial separation", "three trial integration" and the Court of intellectual property. However, the development direction of the three trail pattern of intellectual property is worth thinking over again.Since the 1980s, the traditional "three trial separation" had become the main trial pattern of intellectual property cases. However, with the continuous development of knowledge economy, the number of intellectual property cases is increasing every year, and the cases are more complicated and professional. Especially in the big cities and economically developed areas that have many intellectual property cases, the weakness of "three trial separation" becomes more and more obvious. In order to adapt to the development trend, the Supreme People’s Court has improved the trail pattern of intellectual property.Since 1996, according to the decision of the Supreme People’s Court, "three trial integration" has been implemented in several people’s courts. Due to nearly twenty years of the implementation of "three trial integration", great achievements have been attained and the weaknesses of the traditional trial pattern has been gradually overcome. However, since the implementation of "three trial integration" in several people’s courts is characterized by specific local circumstances, the intellectual property case are tried in accordance with different criteria. I think since "three trial integration" has been implemented for a long time in several people’s courts and become a solid trial pattern, it is reasonable to promote "three trial integration" in other areas.In 2014, Decision of the Standing Committee of the National People’s Congress on Establishing Intellectual Property Right Courts in Beijing, Shanghai and Guangzhou and Provisions of the Supreme People’s Court on the Jurisdiction of the Intellectual Property Courts of Beijing, Shanghai and Guangzhou over Cases were adopted by the Standing Committee of the National People’s Congress and the Supreme People’s Court respectively. With the establishment of the Court of intellectual property in Beijing, Shanghai and Guangzhou, the trial pattern of the Court of intellectual property has been basically formulated. It is the first step for the trial pattern of intellectual property cases to establish the Court of intellectual property in Beijing, shanghai and Guangzhou, which will confront many challenge, but at the same time, it will also lay the solid foundation for the establishment of the intellectual property rights appellate court.