Study On Establishment And Improvement Of China's Intellectual Property Courts

In the end of 2014,C hina set up three Intellectual Property Courts,respectively in Beijing,Shanghai and Guangzhou,which is a leap in the history of Intellectual Property trail reform.This study starts up from the information nature of intellectual property rights,and discusses the complexity of intellectual property as innovative intellectual products and its particularity of legal rights structure.These all result in difficulties of judicial protection to intellectual property rights(IPR),i.e.pro fessional requirement in legal application,big fuzziness of legal rights boundaries,overlap of judicial protection and administrative protection,etc..However,the essential purpose of Intellectual Property Courts is realizing profession,unification and efficiency in IP case trial,which is the fundamental requirement of IPR protection.According to the problems,i.e.coexist of trial courts and tribunals,imperfection of jurisdiction system,incompatibility of civil procedure,administrative procedure and criminal procedure,imperfection of supporting systems,this study picks up the IPR trial systems in United-States,Taiwan and Europe as references to provide detail suggestions of improving ‘tri-trial' and setting up IPR court of appellate,with consideration of the situation of our society and IPR protection.The suggestions are improving jurisdiction system of IPR cases,Technical review officer system and case multiple investigation system.In trial practice,the validity conformation of IPR in civil trial should be given to tribunal,using ‘law made by judge',balancing the benefits between private and public,in addition to improve trial efficiency by information technology and focus more on cultivating talents.These are the ways to construct a professional,unify,efficient judicial system to IPR protection.