The Research On Establishment And Institution Of Intellectual Property Court In China

The Third Plenary Session of the 18^th Central Committee of the Communist Party of China has proposed to strengthen the use and protection of intellectual property rights,improve the technological innovation incentives,and explore the establishment of IP courts.Leading Group of the Communist Party of China on deepening the reform deliberated and passed the plan of establishing the IP courts on June,the6^th,2014.In the same year,on October,the 6^th,the IP court in Beijing was settled up,then the IP court in Guangzhou and Shanghai were founded,which showed that we had entered the stage of operation,and that is a big step forward for judicial reform of intellectual property and adjustment of industrial structure in China.The move will have major implications not only for the use and protection of intellectual property rights and development of scientific innovation,but also for the national competitiveness enhancement.In the first chapter,it remains brief description of Topics reason,research review,research contents,research methods and innovations.In the second chapter,according to the research on the current situation of Intellectual Property court in China,we will analyze the overall shape of the Intellectual Property Court from guiding ideology,basic principles,the establishment of conditions,related systems and the establishment of planning.In the third chapter,we will introduce Beijing,Shanghai and Guangzhou Intellectual Property Court,including the internal settings of the Court,Judge selection,jurisdiction and the admissibility of the case and concluded state.In the forth chapter,according to the research on the current situation about the Intellectual Property Court in America,German,Japan,we will consult several experience from the administrative authorization about intellectual property,qualified personnel institution,damage compensation institution.In chapter fifth,according to the analysis and reference above,we will make some suggestions on improving the institution of Intellectual Property Court in China.This paper based on IP Court between in foreign country and in China,aims to improve the weaknesses of the current institution of IP Court in China.The innovation points refer to:First,we will improve damage compensation institution,proposing forth standard aspects of damage compensation:market share principle of proportionality,price erosion theory,suppose authorization consultations,patent contribution rate standard,introducing punitive damages reparation to improve judicial authority,Second,according to the reference of administrative authorization about intellectual property in foreign country,putting forward the feasibility of the reference of administrative authorization,avoiding the appearance of cycle suit,improving lawsuit efficiency and cutting down the cycle of litigation.Third,On the development of qualified personnel not only in the training of judges and strong improvement,also proposed to strengthen intellectual property expertise in strategic reserves,and make recommendations to further refine existing technologies ombudsman institution.Forth,this paper suggests the Intellectual Property Court in China bring in the Simplified Procedure institution to improve the litigation efficiency,and relieve the contradiction between low quantity of judges and massive quantity of cases from several non-litigation institutions.