The Theoretical Basis And Practical Path Of Intellectual Property Specialized Trail

Intellectual property specialization trial is the product of scientific and technological progress, the development of market economy and the perfection of the legal system. With the core of the international competition in the field of economic technology, intellectual property judicial protection is particularly important. As the specialized aspects of intellectual property cases in the legal and technical, the intellectual property specialized trial has become the inevitable trend of the judicial system reform in our country. Therefore, it is necessary to fully understand the theoretical basis and the existing problems of intellectual property cases, and then choose a reasonable path. As far as the reality of our country is concerned, the disputes of intellectual property cases are increasing day by day and the amount of litigation is great, the trial institution is affected by many factors. In order to deal with the urgent situation of trial, to improve the efficiency of the litigation, to unify operate standard, our country has already set up a specialized intellectual property court. It solved some system problems and help realize intellectual property specialized trial. But as a new trial institution, intellectual property specialized trial still exists many problems which needs to be improved urgently. Such as the lack of the negation of administrative confirmation, lack of judicial resources, expert aider institution is not perfect and so on. Therefore, in order to fully realize intellectual property specialized trial, it is necessary to improve the insufficient.This paper consists of four parts:The first part, basic concept. To clarify the basic concept and the necessity of the intellectual property specialized trail, as a foundation of the whole article.The second part, the trend of intellectual property specialized trial. This section introduces the history and current situation of the specialized trial of intellectual property, and show the elements of the intellectual property specialized trail. It include the professional judges, the right procedure, the unique expert witness institution and independent trial organization. In the end, put forward problems of intellectual property trail after comprehend the historical evolution and current situation of intellectual property trail in our country.The third part, the theoretical basis of intellectual property specialized trail. This part mainly Study on the theory of separation of powers and the influence on t intellectual property specialized.The fourth part, institution consummation. After learn about current situation of China’s intellectual property specialized trial and other countries’practice experience, we can improve the trail system in four aspects. They are the negation of administrative confirmation, improve the expert aider institution, giving judges greater discretion right and allocation of judicial resources legitimately. Hope this contents can provide reference to realize intellectual property specialized trail.