Intellectual Property Court System Research

With China's economy sustained and rapid development, our country constantly improve the innovation ability, innovation has become the powerful "weapon" in the market competition, the judicial protection of intellectual property is, as the most important the strong support of protecting innovation achievements. Trial mode of intellectual property rights in China is still the traditional civil, criminal, administrative trial division, this mode leads to the long cycle of trial in the trial of intellectual property rights in China, low efficiency, judicial justice standard is not unified, circulation lawsuit, local protectionism serious problems, such as a direct impact on the level of judicial protection of intellectual property rights in China, is not conducive to further raise the enthusiasm of the holder to create.By analysis the trial level system of intellectual property rights, the scope of accepting cases, institutional setup and personnel configuration operation condition of the Beijing,Shanghai, Guangzhou three pilot court we can found that: Intellectual property pilot court still not realize Third trial one system mode, not unified judicial standard. Combination of Germany, the United States, Japan, Taiwan and other foreign intellectual property court, such as the intellectual property court setting pattern, the intellectual property judicial Third trial one system, the divisions of the set of intellectual property court, technical ombudsman Settings for beneficial Revelations of the court system of intellectual property rights in China:First, clear intellectual property court in the court system in our country is in the status of the special court, put forward building intellectual property court shall follow the principle of legality, specialized principle, systematic principle and harmony principle. Second, based on our country's basic national conditions and actual situation, put forward the feasibility of constructing the court system framework of intellectual property rights in China, namely improve the intellectual property rights in criminal cases case-hearing level, to concentrate all first instance of the intellectual property rights cases in the people of intellectual property rights courts, in intellectual property rights courts intermediate people's court shall triad of intellectual property cases; Establish intellectual property higher people's court in Beijing,unified jurisdiction on the intermediate people's court of intellectual property cases of appeal against his sentence; Considering the stretches and the intellectual property rights of China's high court caseloads and other factors, should be set up in the major national economic area of intellectual property rights circuit court, high court case scope in line with intellectual property rights, the high court. The specific need to think a lot about of constructing the intellectual property, the high court of trial level system, distribution scope, jurisdiction,organization structure, personnel, etc.