Research On The Jurisdiction Of The Courts Of Intellectual Property Rights In China

The jurisdiction of the court system of intellectual property is important to solve the system of intellectual property court jurisdiction exercised. Establishment of Intellectual Property Court has started, the current Beijing, Shanghai and Guangzhou intellectual property court has been established, the future will have to set up a number of intellectual property court. In this process, the system of intellectual property court also gradually improved, and the jurisdiction in which the institution is one of the system to be solved. Only a sound system of intellectual property under the jurisdiction of the courts, our intellectual property cases in order to enter into the proceedings, fair and efficient trial in a special court hearing in intellectual property cases. This paper analyzes the jurisdiction of the courts of the intellectual property system problems in practice, by means of theoretical instruction and experience outside of our intellectual property court to solve the problems. This paper is divided into four parts, the first part of the jurisdiction of the court outlined the intellectual property system, mainly under the jurisdiction of the Court define the concept of intellectual property, as well as explore the significance of classification. The second part of the jurisdiction of the court system in our empirical review of intellectual property, mainly from the nature of the jurisdiction of the case, the jurisdiction of the case, the jurisdiction of the angle of the specific system investigated the jurisdiction of existing intellectual property practice court, and analyzes the existing problems, concrete and Introduction mainly for jurisdictional cases too narrow, too narrow jurisdictional nature of the case, the geographical jurisdiction of the system is imperfect, the exclusive jurisdiction of the case and the type of jurisdiction exercised inadequate supporting measures lag. The third part of the extraterritorial jurisdiction of the court system and intellectual enlightenment, were investigated and the Japanese American experience of intellectual property under the jurisdiction of the court and made to learn from China’s IPR at the Court’s jurisdiction in terms of professionalism and flexibility. The fourth part of the jurisdiction of the system to improve our intellectual property court route, mainly from the general idea and specific systems to improve two aspects of proposed solutions. Improve IPR court of jurisdiction is necessary to fit the modern concept of judicial governance and comply with the requirements of China’s intellectual property cases localization, and from the expansion of the scope of the jurisdiction of the case, the nature of the expansion of the jurisdiction of the case, improve territorial jurisdiction, and improve the exclusive jurisdiction of the types of cases and improve the implementation of ancillary jurisdiction measures to be constructed.