Study On The Construction Of The Intellectual Property Courts In Our Country

In the era of knowledge economy, the intellectual property has become a core of the competitive advantage construction, while science and technology specialization refinement, technology product life cycles are challenging the specialization and efficiency of the intellectual property dispute resolution. The specialized intellectual property litigation issues should be timely. The current major international countries and regions have set up the intellectual property court, specifically the trial of cases involving intellectual property issues. China has enacted the Decision on the establishment of IP courts in Beijing, Shanghai and Guangzhou in August 2014 by the National People's Congress to decide Beijing, Shanghai, Guangzhou as three pilots to open a new era of the Intellectual Property Court. But how to run the newly created intellectual property courts will go after the pilot? This thesis is based on our current intellectual property litigation, drawing on the specific system and the concept of intellectual property rights outside the court, on the future of intellectual property courts designed system to enhance judicial efficiency, as the goal to achieve justice, for the national implementation of the innovation-driven development strategy and intellectual property strategy.First of all, Chinese current intellectual property system is not unified with the trial standards and the trial efficiency is low for the civil, administrative, criminal balance issues and the lack of knowledge of intellectual property trial business personnel.However, it must face the reality of large number of intellectual property cases, the difficulty of the trial and the urgent need of a unified trial standard. Therefore, at the time of the establishment of IP courts, we need to grasp its positioning and objectives.Secondly, with the analysis of the jurisdiction of the scope of resources allocation and trial procedures of the Beijing, Shanghai, Guangzhou intellectual property courts, it is easy to find that the establishment of intellectual property court has a positive role in the trial of intellectual property in China with some obvious problems. Thirdly, it compares the relevant situation in Europe, the UK, Japan and Taiwan District of China and drawslessons from the establishment of the court, jurisdiction, trial modes, trial mechanisms and judge's selection and appointment system. Finally, the thesis puts forward some concrete ideas of Chinese intellectual property court trial system, mainly including the jurisdiction of the trial, trial modes and trial mechanism analysis to optimize the allocation of judicial resources and support Chinese innovation driven strategy.