Specialized Trials Research Of Intellectual Property In China

Strengthening legal protection for intellectual property rights, not only can safeguard the legitimate rights and interests of the Rights holders, but also can establish international credit, expand international cooperation, speed up the construction of national innovation-driven economies transition. Since The reform and opening up of China, intellectual property adjudication organization and its innovative model of development has been actively carried out to explore. To Unify decision scale, efficiency of the proceedings, it has become an international trend,that we need establish the specialized IP agency to achieve IPR trial specialization. Perfecting specialized trial of intellectual property cases, creating intellectual property rights courts, intellectual property cases to focus hearing, it also the target to reform of IPR trial system requests of "National Intellectual Property Strategy".So,In this paper, a detailed study of the Intellectual Property specialization trial reform process has been done and it raised some reforms tentative idea by referencing to the authoritative view of legal theory and practical experience of foreign intellectual property rights court on how to improve our IP specialization trial.The whole paper has been divided into four Parts:The first part, I discuss the necessity of reform of Intellectual Property specialization trial. Based on the data of types of intellectual property cases published by the State, i make a in-depth analysis of the current situation of Intellectual property cases, notes that achievements and challenges coexist in China’s IP protection situation. I make a research for the necessity of specialized intellectual property trial reform. First of all aspects of intellectual property legislation was analyzed, our IP-related Laws have been more perfect, but the use of the law, is still relatively backward, specialized trial reform without delay. Next, in three areas,it from the unified trial standards, improving the efficiency of trials and international image explains the necessity of specialized trial reform of intellectual property rights.The second part, making a research for specialized trial reform process of the intellectual property. Firstly I research the traditional three trial separation trial system concept, jurisdiction, etc. And pointed out the deficiencies. Secondly, I make analysis of several models of the "Three in one trial" pilot reform,pointed out the importance for the trial of intellectual property cases and the needs of completing.Finally, for the newly established courts of Intellectual Property,I conducted intensive studies in terms of scope of the case, jurisdiction, staffing, etc., obtained its significance to IP specialization trial.The third part, I make a reference research for the extraterritorial Intellectual Property Court. Through Comparing the German Federal Patent Court, the European unified patent court to be established, and the US Court of Appeals for the Federal Circuit,1 find out we can learn the intellectual property court from other country. It offers the foundation for the views of the fifth part.The fourth part,for the problem of the Intellectual Property Court, I make some suggestion.This part is the soul of the article, by combing the process of IP specialization trial reform and referencing to foreign intellectual property court, I find out that Our intellectual property court has some inadequacy, such as trial standards exist yet unified,three trial one has not been achieved, the jurisdiction is not reasonable, the lack of technical judges.and for these five areas,and some suggestion were put forward to complete them.