My Humble Opinion On The Remodeling And Optimization Of My Country's Intellectual Property Court System

The establishment of intellectual property court system is an important measure of the new round of judicial reform in China.Only by giving full play to the leading role of judicial protection can we better strengthen the protection of intellectual property rights.Intellectual property judicial reform is in the period of social transformation in our country.The conflict between the judicial system of our own and the judicial reform of the court as a whole coexists.The complexity,exclusiveness,immateriality,timeliness and legal creation of intellectual property rights have led to the particularity of complex protection system,ambiguous rights boundary,various types of infringement and difficulty in obtaining evidence in intellectual property litigation.These particularities require the establishment of a specialized and unified intellectual property court system.China's intellectual property courts have initially constructed a new operation mode and specialized trial mechanism,and basically completed the reform of the operation mechanism of judicial power.However,there are still a series of practical problems in intellectual property trial,such as the difficulty of finding out facts,the inconsistency of judgment standards,the lack of effective communication among civil,criminal and administrative jurisdictions,the unreasonable design of procedures for resolving disputes over the determination of property rights,and the need to improve the professional level of relevant judges.The study of extraterritorial measures reveals that the U.S.Federal Circuit Court has the characteristics of breaking through regional restrictions,specializing in centralized jurisdiction over cases and ensuring the quality of judges.The establishment of the European Unified Patent Court unified the criteria of adjudication and relieved the pressure of multiple litigation.The High Court of Intellectual Property set up in neighboring Japan not only has a high degree of independence and diversity,but also has deliberately added a special committee system.Drawing on the useful experience of other countries,we should vigorously promote the "three-in-one" model and set up a high court of intellectual property with centralized and unified jurisdiction over intellectual property appeals.At the same time,we should promote the system of technical investigators,solve the problem of cross-litigation and improve the professional level of judicial personnel to optimize the intellectual property court system.Better safeguarding the rights and interests of the corresponding stakeholders,improving China's intellectual property court system model,improving the level of judicial protection of intellectual property rights and providing useful help for the construction of an innovative country.