Research On The Judgment Model Of Intellectual Property "Rights Protection In Commercial" Cases

"Rights Protection in Commercial" is a specific type of litigation case in intellectual property trial practice.This type of cases have the appearance of general intellectual property infringement cases,but the motivation of the right holder or his agent to file a lawsuit is quite different from the latter:In general tort cases,the obligee files a lawsuit because his rights have been violated,and the motive of the lawsuit is to maintain the exclusiveness of its prior rights;In "Rights Protection in Commercial",the obligee sues in order to obtain economic benefits through reconciliation,mediation and even court judgments,and the maintenance of exclusive rights is completely compromised by the pursuit of commercial interests.Intellectual property "Rights Protection in Commercial" cases are subjectively characterized by profit-seeking,initiative,and utilitarianism;objectively,they are characterized by organizational nature,weak rights for protection groups,enlarged litigation scale,and homogeneous case content.Based on such characteristics,the endogenous driving force for the people’s courts to handle these cases in a typed trial manner has been formed:It is conducive to improving the efficiency of case trials,maintaining judicial predictability,and having a path to realize typed trials.During the long-term judicial practice of "Rights Protection in Commercial" cases,a four-in-one judicial judgment model has been formed:(1)In terms of trial procedures,a short-term quick decision mechanism has been set up mainly for the application of summary procedures and small claims procedures;(2)In terms of trial methods,adhere to the re-examination trial mode with the elemental trial as the core and model cases as the guidance;(3)In terms of key points of trial,focus on the review of the eligibility of obligee’ rights and the determination of the perpetrator’s tort;(4)In the judgment results,pay attention to the discretion and reduction of the amount of compensation through the current mode of refereeing,The people’s courts have basically realized the improvement of judicial efficiency and the stability and unity of judgment results in "Rights Protection in Commercial" cases.With the business environment becomes more and more complex,the disputes involved in "Rights Protection in Commercial" cases cannot be easily resolved by the typed trial model;The excessive profit-seeking trend shown by right holders in litigation has also led to differences in the value judgments of different judges in individual cases,which has impacted on judicial stability and predictability.Theoretical and practical circles have begun to pay attention to the abuse of rights,malicious litigation,and mechanical justice in "Rights Protection in Commercial".When the current "Rights Protection in Commercial" referee mode is overstretched and unsustainable,optimizing the existing mode has become a top priority.We can propose optimization strategies from three dimensions:Reconstruct the concept of trial,and ease the confrontation of judges’ value judgments;Abandon the stereotyped same trial for similar cases and the same judgment for similar cases in the "Rights Protection in Commercial" type trial,and realize substantive justice through the double normative judgment of facts and values;Optimize the trial mode,limit the application of the "simple case and quick trial" mechanism,balance the burden of proof,conduct substantive litigation counseling,and implement a diversified dispute resolution mechanism;To achieve a multi-dimensional balance of interests,reduce the amount of compensation,curb abuse of litigation rights and malicious litigation,and strengthen judicial guidance and intervention in market activities.