The Research Of Intellectual Property Court System

With the deepening of the new round of judicial reform, Beijing, Guangzhou, and Shanghai have successively established intellectual property courts. This thesis systematically studies the system of intellectual property courts; discusses the rationality of establishing the intellectual property courts with Shanghai’s intellectual property courts as the example; analyzes the practice of countries (regions) outside from the aspects of jurisdiction, trial mode, and the system of expert auxiliary; and gives some suggestions perfected further for Shanghai’s intellectual property courts on the basis of above discussion.The thesis was structured with prolegomena and four chapters.Chapter I mainly states the general principle of the system of intellectual property courts, including three parts. The first part introduces the concept of intellectual property courts. The second part presents the origin of intellectual property courts. The third part introduces the development of the system of intellectual property courts from two aspects: the development of laws and regulations and practical process.Chapter II discusses the jurisdiction of intellectual property courts, including three parts. The first part describes the case jurisdiction of intellectual property courts, and makes a comparison between the case jurisdiction of Shanghai’s intellectual property courts and those in countries (regions) outside. The second part introduces the regional jurisdiction of intellectual property courts, in which we first analyze the necessity of cross-region jurisdiction and then compare the regional jurisdictions of Shanghai’s intellectual property courts and those in countries (regions) outside. The third part presents the levels of jurisdiction of intellectual property courts and analyzes the referential experience of the intellectual property courts and those in countries (regions) outside.Chapter III studies the judicial procedure of intellectual property courts, including three parts. The first part introduces the connotation and necessities of the complex judicial procedure. The second part presents the connotation of “three trial integration” system, the operation way of the Taiwan’s intellectual property courts, and the corresponding comments. The third part presents the connotation of “two trial integration” system, the operation way of the Japanese high intellectual property courts and the corresponding comments, as well as the situation of Shanghai’s intellectual property courts.Chapter IV studies the system of expert auxiliary of intellectual property courts, including three parts. The first part discusses the system of “technical judge” from three aspects: the connotation of the system of “technical judge”, the operation way of Germany federal patent courts, and the corresponding comments. The second part introduces the system of “technical investigation officer” from following aspects: the connotation of the system of “technical investigation officer”, and the practices of this system in Japan and Chinese Taiwan, as well as the corresponding comments. The third part discussed the choice of the system of Shanghai’s intellectual property courts, and then proposes the possible ideas for the construction of the system of expert auxiliary of Shanghai’s intellectual property courts.