On The Perfection Of The Specialized Trail System Of Intellectual Property Rights In China

Under the background of China’s judicial system reform,intellectual property courts and intellectual property tribunals have been established one after another,making the establishment of specialized judicial institutions more reasonable.The exploration and popularization of "three in one" mode of intellectual property trial has improved the quality and efficiency of intellectual property cases and saved judicial resources.In the selection and appointment of intellectual property judges,judges with knowledge of science and engineering should be given priority.The introduction of laws,regulations and opinions on intellectual property rights has improved the legislation on intellectual property rights,filled in the gaps in the laws on intellectual property rights,and reduced the inconvenience caused by the high generalization of the original legislation on intellectual property rights in judicial practice,thus providing a legal basis for the specialized judicial system.It can be seen from the aspects of judicial system,personnel,mode and basis that the specialized judicial system of intellectual property is gradually improving.The reason for the disadvantages of the specialized trial system of intellectual property lies in that the existing trial system of intellectual property has not realized the substantial specialization,and the "three in one" trial mode alone cannot solve the current social demand for the degree of specialized trial.Intellectual property cases are complex and professional.Although the "combination" of civil,criminal and administrative cases has been achieved in form,there is no corresponding reform in terms of trial level and jurisdiction.The author adopts the method of empirical case study to collect the level of trial,jurisdiction,appeal rate and number of conclusion of intellectual property cases,and sort out the number and situation of cited cases of intellectual property guidance,as well as similar cases or different judgment results of the same case.Through sorting out,it is found that due to gaps in legislation and highly generalized legislation,different judges have different understandings of judicial interpretation,guidance case and opinion notice,and different courts have "different judgments in the same case" in the hearing of intellectual property cases,and the guidance case citation rate is low and mostly passive.Through the analysis of the current situation and defects of the specialized trial system of intellectual property rights,the necessity of perfection is discussed.The next thing to be solved is how to adjust on the basis of the existing trial system.Especially in terms of operability and pertinence,theoretical problems and technical difficulties should be solved at the same time.Including concrete need to be perfect,perfect the intellectual property rights related laws and regulations provide the basis for the trial system,the legislative model of take " list and summarize " to adjust the scope of protection,unified intellectual property cases judicial judgment standard,and reduce the " same case,different sentence ",encourage the judge quoted guidance of intellectual property cases,the use of intellectual property rights case database,perfect intellectual property judicial organizations,establish national intellectual property appeal court,set up a technology to help the judge to participate in the trial judge system with Chinese characteristics,We should promote the "three-in-one" work of intellectual property trials,resolve jurisdictional conflicts,and grant judicial organs the right to invalidate patent rights,so as to truly realize the "combination" in form and substance.