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The Research Of Three Trial Integration In Intellectual Property Court

Posted on:2016-08-08Degree:MasterType:Thesis
Country:ChinaCandidate:J F LiFull Text:PDF
GTID:2296330503951251Subject:Law
Abstract/Summary:PDF Full Text Request
At the end of 2014, Beijing, Shanghai, Guangzhou IP courts was established.They began to accept civil and administrative cases of the IP rights called “two trial integration” model. Because of the particularity of IP rights in the criminal cases, it is not included in the IP cout jurisdiction. The experience of the reform of the judicial in our country and the reform of the foreign IP trial shows that the establishment of the “three trial integration” model of IP can completely resolve the conflicts in the civil, criminal, administrative cross cases, unified the trial standards and improve the trial efficiency. The“three trial integration” model in the IP courts is the inevitable choice for the reform of the judicial protection system of intellectual property.Through the study of the operation of the IP courts, the author explores the main problems of The“three trial integration” model in the IP courts which including the different jurisdiction in the civil and administrative cases, the lack of judicial person and technical investigation forces. In order to improve the level of IP protection in China, the author learns from the reform of the overseas IP trial mode and proposed to crack the plight of the system on criminal cases trial,improve the “two trial integration”model, train a high quality compound intellectual property trial team, improve the information construction and technical investigation and identification system in the IP courts.
Keywords/Search Tags:Intellectual property rights, Three trial integration, Intellectual Property Courts
PDF Full Text Request
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