An Investigation On The Trial Practice Of Intellectual Property Cases In The Grass-root Courts

Since the Changsha County court has been designated by the Supreme People’s court with the jurisdiction of the first instance of intellectual property rights, the number of intellectual property cases has increased year by year. These cases of intellectual property rights, intellectual property infringement cases occupy the vast majority, and the phenomenon of mass rights is very prominent, the limited judicial resources to bring great pressure.The guiding ideology of this thesis is from the point of view of the problems existing in the bulk of intellectual property rights and analysis of batch rights exist in the judicial practice problems, such as excessive occupation of judicial resources, heavy terminal rights light source to combat the problem, batch rights litigation and other legal effect of the problem, with rules of evidence and civil tort and constitute elements of the theory, combined with the infringement of intellectual property laws to protect the status quo and the relevant intellectual property provisions of the tort law, by reference to other local court guidance documents relevant provisions, draw lessons from other civil case trial experience, on how to improve the guide and regulate the quantity of intellectual property rights put forward their views.The author thinks, the batch processing rights cases first need to establish the judicial concept of equity protection, followed by through improve the evidence system and strictly review the infringement damage compensation elements, change the batch rights litigation in the defendant subjective fault and the plaintiff loss idle on burden of proof of the inclination to caution the principle of statutory damages, by controlling interests in batch rights litigation to guide the right people against the source of infringement, truly protect innovation, at the same time, the establishment of batch the admissibility of the case and the hearing notification mechanism, the referee uniform scale, in order to improve the judicial protection of intellectual property rights, innovation driven development strategy implementation of the escort.