The Perfection Of China’s Intellectual Property Court System

On the basis of the current "1+3+21" pattern of intellectual property trials(1 supreme intellectual property court +3 intellectual property courts +21 intellectual property courts in central cities).Next,the construction of an intellectual property court system with Chinese characteristics has become a necessary part of the next judicial reform.Specific goals include exploring the establishment of a truly “three-in-one”IP court and an IP court.This article first reflects inadequacy from the gains that China has made since it embarked on the trial of intellectual property specialization,furthermore,it analyzes and summarizes the problems existing in the development of the specialized trial of intellectual property in China one by one.These problems are as follows: the jurisdiction system needs to be improved;in the face of the surging number of cases,there is no effective response mechanism;there are few judges who are fluent in technology;there is no clear training mechanism;there is no uniform judgment scale.Secondly,from the background of the establishment of the Japanese Intellectual Property High Court,staffing,internal institutional settings,and jurisdiction,to further analysis of the collegiate system,technical identification system,technical briefing system,and judge rotation system,they have produced good practical results in the actual operation process.For an excellent system to run smoothly,it is inseparable from a proper operating environment.The reason why Japan has made great achievements in intellectual property protection and legal system construction is closely related to its national characteristics of being good at learning and courageous in reform.Chinese and Japanese cultures are of the same origin and are similar.They belong to the traditional civil law system.For our country,Japan’s system design ideas and experiences are more operable than those of European and American countries.Learning Japaneseexperience is a kind of A highly feasible path.Feasibility problems from another point of view,Japan’s intellectual property legal system absorbed the system construction experience of the European and American countries.After long-term internalization and evolution,it has formed a fairly mature system.It will be of great benefit to our country if we can draw on the beneficial factors of the Japanese experience based on our national conditions and give priority to ourselves.As mentioned above,this paper proposes a specific design for the reform of the intellectual property trial pattern,namely,the intellectual property court of the supreme people’s court shall be transformed into a higher court of intellectual property and the intellectual property court shall be upgraded into an intellectual property court,comprehensive intellectual property court shall practise a system of containing large collegial mode,perfecting the technology of the unity of “three-in-one-trial” find out mechanism,promote the administrative approval coordinated with justice,at the same time of using the experience of mature outside the indigenization of the system is committed to promoting innovation and boost positive steady economic development,intellectual property,China intellectual property law system further perfect,further judicial reform to push deeper inside.