On The Mode Selection Of Intellectual Property Courts In China

In recent years, with the growing number of intellectual property cases, involving more and more areas, professional technical gradually increased, more and more difficult to hear, which seriously affected the work of intellectual property protection is carried out smoothly, so it is necessary to adjust the change of the appropriate conditions, at the same time, theorists have been calling for the establishment of specialized intellectual property courts. The end of 2014, China has successively established the Intellectual Property Court in Beijing, Shanghai and Guangzhou, to achieve a bold attempt in judicial reform.In the practice of the reform process, there have been many problems, the intellectual property system and personnel and other aspects is not perfect enough, we need to discuss, and gradually improve its problems and shortcomings, which requires the Court of Intellectual Property Select mode of study to provide strong judicial support for its better development, to achieve the fairness and justice of the results, so that the relevant legal system more in line with the characteristics and the trial of IPR cases It needs. This should be through the following questions to study and learn, first of all, a brief overview of foreign intellectual property court mode. It explained the significance of intellectual property rights court established, and three foreign court mode analysis, namely the Court of Appeal IP mode, IP mode specialized courts and commercial courts mode. Secondly, the existing intellectual property court brief introduction to China, and summed up its present issues. Again, the Court of IP mode outside the major countries comparative study, summed States to establish such a court should consider the content, summarized factors such as the scope of the admissibility of the case, the trial stage, the case is the degree of concentration, with their existing national convergence system and other relevant factors. Finally, the Court of Intellectual Property models to improve analysis of factors influence the court's mode selection, combined with the third part of the presentation of such extraterritorial court, proceed from China's specific situation, in particular in the distribution of such court, in economically developed regions and relatively intensive areas, the establishment of intermediate courts of intellectual property rights; in the case acceptance range on intellectual property cases and non-technical type of technology division, to avoid the jurisdiction of the court case confusion, waste of resources; on personnel configuration, enrich the team of judges, absorb professional level of personnel, the introduction of expert witness system; and finally to achieve this class unity and judge the results applicable to the case law, need to establish a unified intellectual property Court of appeal in Beijing.