Empirical Study On Jurisdiction Objections In Civil Technical Intellectual Property Cases

In 2019,the Supreme Court Court accepted and concluded a large number of objections to the jurisdiction of technical intellectual property rights civil cases,and the rejection rate was high.Through the knowledge of technical civil cases jurisdiction objection sample case statistics and analysis found that the defendant in the regional jurisdiction of judicial practice for patent infringement disputes,the court and the defendant of technical intellectual property rights civil jurisdiction cognitive gap,a second instance of a few technical intellectual property rights civil jurisdiction is inconsistent,technical intellectual property rights civil case jurisdiction objection trial cycle is longer.The reasons for above problems include the scattered distribution of jurisdiction provisions of technical intellectual property rights civil cases and the lack of some transparency,the difficulty of determining the jurisdiction of some technical intellectual property rights civil cases,and the unclear and unreasonable division of some jurisdiction areas of technical intellectual property rights civil cases.In view of the above-mentioned civil jurisdiction objection of technical intellectual property rights,the corresponding solution path is put forward.Firstly,increase the transparency of some judicial interpretations on the jurisdiction of technology knowledge civil cases and improve the systematization of the jurisdiction of civil cases of technology knowledge.Secondly,by clarifying the nature of cross-regional jurisdiction of technical civil cases and the jurisdiction connection point of some technical civil cases,the jurisdiction provisions related to technical civil cases are clarified.Finally,it is clear and reasonable division of the jurisdiction areas of technical civil cases,mainly to cover special judicial organs in provincial administrative regions,add intellectual property courts in areas where cases are concentrated,and establish dispatched courts under the intellectual property courts.