Research On The "three-in-one" Trial Mechanism Of Intellectual Property Rights

for a long time,the traditional "three trial separation"had become the main trial pattern of intellectual property cases.However,with the rapid development of the national knowledge economy,the intellectual property rights cases are increasing and the cases are more complicated and professional.The weakness of "three trial separation"becomes more and more obvious,which waste legal resources and harm the credibility of the judiciary. In June of 2008,"Outline of the National Intellectual Property Strategy"clearly put forward the promotion of the "three in one trial "intellectual property trial mechanism to meet professional and effective demands required by intellectual property litigation. In March of 2009, the Supreme People's Court issued the "People's Court of the Third Five-Year Reform Program" to determine to explore the case set to accept all the comprehensive intellectual property tribunal,concentrate on jurisdiction of patents and other highly technical cases. As for current situation, Pudong mode, Wuhan mode, Xi'an mode, Chongqing mode and Zhuhai mode of the "three in one trial" intellectual property trial mechanism established by regional courts, But the reform is always the spontaneous creation, evolution, perfection within the framework of the existing procedural law of the trial courts. I analyze the pros and cons of the "three in one trial" intellectual property litigation in mainland China,learn that the status of the "three in one trial" intellectual property trial mechanism in China is lack of unified deployment and planning,so I offer a proposal that coordinate the reform between the grass-roots court and superior courts. In order to improve the quality of trial, I suggest high-lever jurisdiction should be implemented in intellectual property trial mechanism.In order to protect justice of different litigation procedures and make up inadequate facts-finding ability of judges and solve the problem of duplication of intellectual property litigation and litigation circuitous, I assume that appropriate litigation procedure provisions should be uniform. And at the last of the paper, in order to shape an efficient and professional litigation system, I raise the suggestion of establish professional judges system,technical investigator system and expert witness system.