Research On The Reform Of The Appeal Hearing Mechanism Of Intellectual Property Cases

The protection of intellectual property rights is a basic means of stimulating innovation and a source of motivation to maintain innovation.Strengthening the protection of intellectual property rights is of great significance for building a world power of science and technology.In the era of knowledge economy,the number and scale of intellectual property rights have increased sharply year b y year,and disputes arising from intellectual property rights among market players have also increased.However,the decentralization of the final judicial power of intellectual property cases and the inconsistency of the standard of adjudication in intel lectual property cases make intellectual property protection face major challenges.The theoretical and practical circles have called for reform of the intellectual property case trial mechanism.The National Intellectual Property Strategy Outline proposed "Exploring the Establishment of an Intellectual Property Appeal Court".It requires the establishment of an appeal hearing mechanism for intellectual property cases at the national level.It wants to solve the problem of inconsistency in the applicable standards of the law caused by the decentralization of second-instance jurisdiction in technological intellectual property cases.The establishment of the Intellectual Property Court of the Supreme People's Court is an important step forward in the reform of my country's intellectual property case appeal hearing mechanism and a new starting point.However,it still faces some problems after its establishment.The intellectual property case appeal hearing mechanism needs to be further improved,and the reform of the intellectual property trial system needs to continue to move forward.This article summarizes the characteristics of intellectual property appeal cases by conducting a vertical and horizontal analysis of the number of intellectual propert y appeal appeals heard in recent years.At the same time,based on the existing theoretical research and practical experience,the status quo of my country's intellectual property case appeal hearing mechanism is analyzed.Then,by referring to the experience of the foreign system,the direction of the reform of the appeal hearing mechanism of intellectual property cases is discussed,and the reform ideas are proposed for the construction of the intellectual property appeal court.Choose one or more specific settings for the Intellectual Property Appeals Court,whether the level is set at the highest or the highest level,how to set the jurisdiction of the case,how the trial mode is set up,and whether to conduct a full trial or a legal trial,and find out their own on the basis of existing theoretical research After analyzing the advantages and disadvantages,a set of relatively complete design schemes is obtained.Finally,it will be equipped with a professional trial team,supplemented by the effective establishment of relevant supporting systems,to form an optimized plan for the reform of the appeal hearing mechanism of intellectual property cases,and further improve the hearing mechanism of appeal cases.