Research On The Construction Of China's Intellectual Property Trial Syste

With the development of society,intellectual property rights have received more and more attention from the international community,and the protection of intellectual property rights can not only better protect the rights of right holders,but also have a certain role in escorting China’s technological innovation and further improve China’s international image.Since 2014,China has successively established four intellectual property courts,namely Beijing Intellectual Property Court,Shanghai Intellectual Property Court,Guangzhou Intellectual Property Court and Hainan Free Trade Port Intellectual Property Court,which have greatly met the urgent need for intellectual property protection in China and raised China’s intellectual property protection to a new height.However,there are still many problems in the protection of intellectual property rights under the current adjudication system.Through data query and case summarization,a comparative study of the same or similar cases reveals that there are still factors restricting the protection of intellectual property rights: under the current trial mode,the trial model of "three trials in one" has not yet been implemented,and the trial efficiency of intellectual property cases has not been greatly improved;The existing number and establishment of intellectual property courts cannot meet the actual needs of China’s intellectual property protection;The original intention of establishing an IP court,that is,to unify the adjudication standards,has not been achieved so far;In addition,China’s intellectual property protection still lacks relevant professional trial talents.Through the analysis of the current situation of China’s intellectual property adjudication system,the above existing problems that need to be improved are obtained.In view of the emergence of some skeptical voices in the establishment of an independent intellectual property adjudication system in China,this paper first re-examines the epochal value of the establishment of an intellectual property adjudication system to China’s intellectual property protection from the necessity of establishing an intellectual property adjudication system,and refutes the view of abolishing intellectual property courts and preventing the establishment of an independent intellectual property adjudication system from a theoretical perspective.Secondly,the investigation of extraterritorial intellectual property courts,the analysis of the internal institutional mechanisms of extraterritorial intellectual property courts,the comparative analysis of their advantages and disadvantages,the seeking enlightenment of experience,and the deepening and reform of China’s intellectual property adjudication system in combination with the local status of China’s intellectual property adjudication system.Finally,the establishment of China’s intellectual property courts is carefully explained in terms of quantity,internal institutions,jurisdiction scope and jurisdictional methods,and envisages the internal setup,operation mode,and vertical independent intellectual property adjudication system in China after the reform,providing a realistic guarantee for the optimization and upgrading of the intellectual property adjudication system.Considering that intellectual property judge is a profession with both technology and law,certain ideas have also been made from the cultivation of intellectual property talents,such as: the double degree system of intellectual property,the training of postgraduate students specializing in intellectual property,and the training of intellectual property judges,etc.,aiming to provide talent guarantee for the good operation of China’s intellectual property adjudication system.