On Judicial Review Of Intellectual Property Administrative Action In Our Country

With the rapid development of social economy.The intellectual property administrative cases in China show the trend of high growth.To protect the legitimate rights and interests of the right holders in intellectual property administrative cases.Meanwhile,the effective supervision of intellectual property administrative organs should be realized.The court should give full play to the function of relief and supervision of judicial review.Judicial protection plays a leading role in protecting intellectual property rights.Judicial review is one of the main ways of judicial protection.The intellectual property judicial review system is complete and perfect.The real realization of fairness and justice.It is about whether the parties can experience fairness and justice in every judicial case.Then,how to play the role of judicial review system comprehensively and effectively?It is the top priority of the perfection and development of judicial review system.Intellectual property rights of judicial review of administrative action,Due to the high professional,private,administrative and civil nature of intellectual property administrative act.It is distinguished from ordinary administrative act and common intellectual property.Complex and diverse?On the one hand,The protection of civil rights requires a fair and impartial referee.At the same time,intellectual property protection needs effective and timely judgment.How to fully guarantee the civil rights while also realizing the efficient and thorough settlement of administrative disputes?It becomes the main problem of judicial review of intellectual property administrative act.On the other hand,To supervise the administration needs to perfect and strict judicial supervision mode,However,respecting the first jurisdiction of the administrative organ and maintaining the boundary and balance between executive power and judicial power in a moderate way,It is also the basic requirement to coordinate the allocation of power in China.Therefore,how to properly prevent the balance of insufficient balance and avoid excessive intervention becomes another difficult problem in the judicial review of intellectual property administrative act.Based on the "how to make highly professional administrative act judicial review" as the center,Research and discussion on judicial review of intellectual property administrative act.Based on the normative documents of our current laws,regulations andpolicies,Interspersed with the analysis of some cases of Beijing intellectual property court,As a blueprint for judicial review practice.The whole article starts from four aspects: review theory,review characteristics,review status and perfection of review.Of intellectual property rights of judicial review of administrative action multi-angle analysis and inquiry,And try to from the normative perspective and the perspective of judicial review such as typing,To improve and develop the current judicial review system of intellectual property administrative act in China.This paper is divided into three parts:The first part : The basic introduction of judicial review of intellectual property administrative act.The concept of intellectual property administrative act judicial review is analyzed.This paper discusses the subject of patent and trademark administrative cases.The relationship between judicial review and administrative litigation is sorted out.Then,starting from the classification of intellectual property administrative act judicial review,And the administrative subject as the division standard.At the same time,the specific nature of intellectual property administrative act is analyzed.In order to fully understand the intellectual property administrative act and the subsequent research.Finally,the basic theory of judicial review of intellectual property administrative act is discussed.Including the subject of judicial review,the foundation of judicial review system and the application of the principle of legality review.The second part:The status quo and existing problems of judicial review of intellectual property administrative act.This part consists of three parts,From the characteristics of the judicial review of intellectual property administrative action,the influence of operation mode and subjective factors,etc.It presents the status of the trial of intellectual property administrative cases in China.Then,we explore the possible problems and causes of the problems respectively.Specifically,first of all,The judicial review of intellectual property administrative act has the complexity of attributes,the high degree of professionalism and the centrality of jurisdiction.Therefore,from the nature of the case itself,the judicial review of intellectual property administrative act will be confronted with two difficult problems,which are professional questioning and the conflict of interests between justice and efficiency.Secondly,the operation mode of judicial review of intellectual property administrative act has changed systematically.From the subject of judicial review to the evolution of the trial mode to the introduction of the technical investigation officersystem,The judicial review system for intellectual property rights is a new and vigorous activity in dealing with professional issues.At the same time,due to the lack of a perfect unified system,It also raises new questions for judicial review.And finally,there's a lot of validity judgment,Relying heavily on the discretion of the presiding judge,Therefore,the judicial review of intellectual property administrative act is affected by the larger subjective factors.The third part:The perfection and development of judicial review of intellectual property administrative action.In this part,two outstanding issues of professionalism and timeliness are the main thread of the text.Suggestions on improving judicial review of intellectual property administrative act are put forward.The first is the perfection of legal norms,It is also the fundamental measure of the perfection of judicial review system.Second,The effective connection between administrative processing and administrative litigation,This paper mainly discusses how to solve the problem of "circular litigation".Again,through the type of judicial review,To improve the judicial review process of intellectual property administrative act.Furthermore,some Suggestions are put forward on the value orientation of judge's case.In the end,the author combines the private rights and the publicity of the nature of intellectual property administrative cases.To explore the feasibility of introducing the administrative public interest litigation system in the current intellectual property administrative cases in China.