Research On The Establishment And Perfection Of Intellectual Property Court

At the same time as China's economic development and scientific and technological progress,intellectual property protection has become a concept that the public is paying more and more attention to.With the reform of China's judicial system,intellectual property courts have emerged.The intellectual property court is a new type of specialized court that deals with specific intellectual property cases.The current system setup and operation mode of China's intellectual property courts have improved the quality and efficiency of China's intellectual property cases.With the phased success of the system reform,the deficiencies in the operation of intellectual property courts have also gradually emerged.This article takes the intellectual property court as the research object,and from the technical point of view,analyzes the reason for the establishment of the intellectual property court and the particularity of its trial procedure,and proposes a reasonable and perfect plan for the problems in the operation of the intellectual property court.Because some of the infringement cases involving intellectual property rights are highly technical,it is difficult for the judges who have identified the technical facts to make effective judgments.The intellectual property court has a single solution to technical problems in intellectual property cases,and the supporting technical investigator system has been questioned by various circles.The Intellectual Property Court currently only accepts some cases involving more technical issues,rather than comprehensively accepting all intellectual property cases.Intellectual property courts have not only failed to achieve the "integration of three trials" in civil,administrative,and criminal cases,but also have not achieved the "integration of three trials" in patent,trademark,and copyright cases.In the Intermediate People's Court,both first-and second-instance appeal cases were accepted,and the trial of intellectual property cases did not form a complete trial procedure.The author believes that the existence of these problems is the toddler's price of intellectual property courts,and we should give them a process of growth.Regarding the jurisdiction of the technical investigator system and the intellectual property courts,the root causes of the system design weaknesses are analyzed,and reasonable suggestions and expectations for the future growth of the intellectual property courts are put forward.The author believes that the current institutional setup and case jurisdiction of intellectual property courts are,in some respects,the most compatible with the current economic and judicial environment and can maximize resource utilization and efficiency.We cannot just criticize because of its shortcomings,but we must also consider the rationality of the current system design.However,for the future development of the intellectual property court,we should and must plan ahead when we see the beginning,and consider the road of improvement.This article believes that the positioning of technical investigators should be clearly and formally determined,and the technical investigation reports should be made public to show the judicial credibility.Secondly,the current jurisdiction of the intellectual property courts is designed with full consideration of the strong technical characteristics of intellectual property cases.The author acknowledges that this system design is currently the most reasonable and can achieve a reasonable allocation of judicial resources.Gradually mature,the author believes that the jurisdiction of the intellectual property court should be improved step by step until the objectives of "integration of three trials","integration of three cases" and "complete trial procedures" are completed.