Research On The Reconstruction Of Intellectual Property Court With Chinese Characteristics

At present,the construction of the intellectual property court system with Chinese characteristics is not only beneficial to the specialization of the trial of intellectual property cases,the improvement of the efficiency of the trial,but also the strengthening of the awareness of national intellectual property protection,the promotion of scientific and technological innovation is significant,Judicial reform level for China’s intellectual property strategy and innovation-driven development strategy to accelerate the construction of an innovative country to provide a deep level of protection,at the same time,with the international community intellectual property trial trend convergence,enhance the international voice of the field.At the end of 2014,Beijing,Shanghai and Guangzhou intellectual property courts have been set up from the decision to the actual operation,has been highly concerned by the theoretical and practical circles.It is true that the real-time analysis and investigation of the present situation and the current situation of the establishment and operation of China’s intellectual property courts are related to the planning and promotion of China’s judicial system reform and intellectual property development strategy.On the basis of the theoretical achievements and practical experiences that experts and scholars and judicial workers have obtained in this field,this paper discusses the relevant basic theories of China’s intellectual property courts,and discusses the three-trial trial model Intellectual property court set up an in-depth analysis of the status quo,and actively learn from the successful experience of foreign countries,and ultimately for the characteristics of China’s intellectual property court model remodeling proposed a series of reform ideas.This paper is divided into four parts to discuss the process of setting up the intellectual property courts in our country,to build the status quo and to build the path,with a view to the Chinese characteristics of the intellectual property court model remodeling a better vision,put forward practical proposals to promote China’s judicial system reform process.The first part discusses the general situation of our country’s intellectual property courts.First,it is pointed out that the intellectual property courts have the same characteristics of various forms of expression,the independence of judicial power and the determination of the nature of the judgments,and then elaborates the great significance and function of the intellectual property courts-to improve the efficiency of the trial,to integrate the judicial resources,to apply the unified law and to conform to the judicial reform Trend,shaping China’s good international image.Finally,on the basis of reviewing the exploration process of our country’s intellectual property courts,the author elaborates the conditions that China’s intellectual property courts have already set up,and then sums up the characteristics of our intellectual property courts and paves the way for the following discussion.The second part first introduces the main content of the trial mode of the "three trial and one",and evaluates the trial mode by comparing it with the previous "trial separation" trial mode,and thinks that it has certain advantages But there are also many drawbacks,such as the lack of legitimacy basis,the lack of systematic and applicable universality and litigation imbalance,trial level does not converge.Followed by the analysis of China’s current intellectual property court model of the main content,from its construction of the number and location,level and jurisdiction,internal staff to conduct in-depth inquiry,both affirmed the intellectual property court as a new construction model,the new trial practice and " Three trial one " model Compared with the obvious advantages,it also points out that there are many drawbacks in its actual operation.Comprehensive comparison,awareness of the problem lies in the follow-up work to improve and specify the direction.In the third part,through the in-depth analysis of the operating conditions such as Japan,Germany,the United States,the European Union and other foreign intellectual property courts,such as the Japanese collegial system and the ombudsman system,the German Federal Patent Court is equipped with a technical judge system.From these specific internal design To study,take its essence,combined with China’s current national conditions to be a reasonable reference and integration,so that in the exotic at the same time blooming local characteristics,and truly become a model of intellectual property rights in China trial mode.The fourth part is based on the review of China’s intellectual property exploration process,the "three trial in one" trial mode,the current advantages of the intellectual property court model analysis and the practice of foreign justice on the basis of the first three parts,,The law enforcement,the judicial multi-angle cut,mainly from the construction of intellectual property courts should follow the principles of the concept of the nature of intellectual property courts and the internal system arrangements,the selection and training of judges and related laws and regulations to develop and improve several aspects of specific measures It is suggested that a series of practical proposals for a reminiscent of the intellectual property courts of Chinese characteristics has also been proposed.And finally hope that through the study of this article to explore the construction of China’s intellectual property courts and the judicial reform process and the promotion of innovative countries to provide useful help.