On The System Construction Of China 's Intellectual Property Court

Nowadays, intellectual property rights are becoming an increasingly important part of the promotion of development of a nation’s science and technology, being a key factor in a countries ability to promote the comprehensive national strength, the construction of the intellectual property rights courts is the focus of China’s court reform, all of this shows the importance of the selected topic for this paper. The purpose of this paper is to learn the other intellectual court system’s advantages, to avoid the other intellectual court system’s disadvantages, to grasp the valuable experience of the court of intellectual property rights in China. By analyzing our country intellectual court’s advantages and disadvantages, the paper can put forward insights and make recommendations for the construction of our country intellectual property rights courts.As the main conclusions of this paper, the innovation of this paper is mainly manifested in the following respects.Our country intellectual property rights court is going to be set up soon, Chinese scholars in the field of intellectual property rights court papers, generally only focus on the introduction of outside systems of other countries or regions, there is little analysis of the existing system in China itself. In this paper, based on the introduction of outside the system, comprehensive comparison and analysis of the shortcomings of the existing system in our country, finally finding the perfect solution for related intellectual property rights in our country court system and advice.The jurisdiction of the court of intellectual property rights in China for its cases have exclusive jurisdiction within the scope of the specific type. The plaintiff has the right to choose the jurisdiction of the court, be that the intellectual property court or any other court. The rules can alleviate the pressure of the intellectual court work, benefiting the parties as well, in accordance with the basic principle of civil procedure.This paper suggested to create our country court in civil lawsuit effectiveness for patent rights, trademark review power. In civil infringement cases, the court does not have much power to check patent or trademark rights, this causes intellectual property civil litigation delays of the root causes of procrastination. This paper discusses which court should be given such power, and how to avoid in the intellectual property validity cognizance case waste of judicial resources and administrative resources and so on.Before establishing intellectual property rights courts in our country, there is a view “to setup intellectual property appeal court”. Nowadays, there are still many experts and scholars suggested on the basis of the existing intellectual property rights court set up intellectual property rights appeal court. In this paper, from the function of intellectual court, the quantity of judge, the basic principle of civil action, make a comprehensive analysis, the author concludes that our country does not need to set up intellectual property appeal court.