Considering Some Legal Issues Concerning The Judicial Protection Of Intellectual Property Rights

Innovation is the theme of our times,and is the main force to promote the development of the nation.In order to adapt to the needs of times development,The 18th Chinese Communist Party report puts forward that to implement the strategy of innovation driven development,regards the spirit of innovation as mark of the national strength.And take "implement the strategy of intellectual property rights,strengthen the protection of intellectual property rights" as the important content and part.The protection of intellectual property rights is the core of the intellectual property system,also is a significant problem to solve in order to promote innovation and development.The judicial protection also is the core part of the protection of intellectual property rights.But in the field of intellectual property protection in China there are contradiction between administrative organs and judicial organs.Our country is carrying out the double-track mode with Chinese characteristics.It is very difficult to play the leading role in judicial protection of intellectual property rights.At the end of 2014,three intellectual property courts have set up.Judicial protection of intellectual property rights in China is standing on a new historical starting point and important turning point,where has an urgent need to emancipate the mind,to creative the thinking and the system,and strengthen the practical measures.This text is aimming at strengthenning the protection of intellectual property rights.And the text mainly use the methods of document research,comparative analysis,real political research,and so on.Referring to the existing documents on the judicial protection of intellectual property rights,the text's focus is on how to play a leading role in the judicial protection of intellectual property rights and how to realize the innovation of judicial protection of intellectual property rights in the perspective of the concept,the system and the practice.The first part is the summary of judicial protection of intellectual property rights in China.At first,introduce various nouns appear in the protection of intellectual property rights as the foundation,then elaborate the "double track system" of intellectual property protection mode implement at the present stage,and then put forward that our country need take judicial protection as the leading mode to protect intellectual property,finally set out at the present stage of our country there are problems to realize the leading role of the judicial protection of intellectual property rights.The second part discusses how to realize the innovation of judicial protection of intellectual property rights in the perspective of the concept.This part puts forward to strengthen the consciousness of the judicial protection of intellectual property rights as the leading protection,global consciousness and standard consciousness,consciousness of great power,consciousness of national interests,consciousness of Chinese characteristics and the primary stage,consciousness of the market economy.From the view of people's concept,to guarantee the leading status of the judicial protection of intellectual property rights.The third part discusses how to realize the innovation of judicial protection of intellectual property rights in the perspective of the system.The innovation of the judicial system is based on the present judicial system,after listing the establishment and contents of our country's intellectual property court,according to the problems of intellectual property court,exploring how to establish Superior court of intellectual property rights,to contribute brand court,to weaken the administrative protection of intellectual property rights and to strengthen the cultivation of talents.The fourth part discusses how to realize the innovation of judicial protection of intellectual property rights in the perspective of the practice.To deepen the practice innovation mainly in the following four aspects:damage compensation problem,play a role of the ban befor litigation,deepen judicial review,ignore the intellectual property right which is unable to protect.Innovation lets the intellectual property protection facing new situation and problems.To deal with it,we should carry out with multi-angle analysis,all-round grasp and Deep level reply.From the establishment of intellectual property courts,the judicialprotection of intellectual property rights has become an important part of the reform of the judicial system in china.Facing the new environment and system,coordinate the contradiction between judicial protection and administrative protection,deepen the reform of judicial protection of intellectual property rights,innovate the protection system of fintellectual property rights has become particularly important,which deserve everyone's attention.