Analysis On The Professional Path Of Intellectual Property Trial

The past two decades have witnessed the development of trail and jurisdiction in intellectual property(IP)cases.The increasing numbers of people are aware of the great importance of the professionalization in trail and jurisdiction in intellectual property cases.The aim of professionalization is promoting the leading role of judgment in IP protection,and the better implementation of the policy of creation-motivated strategy.Based on analysis of two aspects,judicial system and human resources,the author intends to find the way to professionalization in IP judgment.The paper consists of five parts.The first part is about the development and the present situation of judicial system.Chapter two focuses on the outline of human resources in court.In past several years,some talented judges,especially young people,decided to find another job.We have to accept that it is natural for young person to choose career,however,we also have to confess that there are some problems in human resources management in court.The author proposes to summarize the main reasons and figure out some suggestions for better management.Mainly introducing the different functions and systems of IP court in foreign countries,Chapter three analyzes the respective modes of Anglo-American law system and continental law system.Starting from the analysis above,the author discusses the common features of the two law systems.Based upon chapter 1-3,the author puts forward some suggestions on professionalization in chapter 4 about judicial system and chapter 5 about talents construction.Chapter 4 is mainly about establishing the Unified Intellectual Property Rights Appellate Court of our country.The basic values of justice is efficiency and equity,the establishment of unified intellectual property rights appellate court is for to advance justice efficiency and is for to realize equity.After introducing some classical IP cases,our country has the necessity to establish intellectual property rights appellate court,and the conditions have already been mature.Finally on the basis of using international successful experiences for reference and combining the situation of our country,the internal operation mechanism of appellate court is proposed.Chapter 5 puts more emphasis on strengthening professionals’ team building.The quality of judges in China has aroused concerns from all sectors of the society.How to make the judges the elite part of the legal profession? It is not only about the judges themselves,but also about the professional reform of IP court.The author suggests that the judges of IP courts shall be appointed or removed by the Standing Committee of the National People’s Congress.It is an important project to set up a perfect system of electing and nominating judges,which are the guarantee of elite judges and the realization of judicial justice and efficiency.The value of judges should be emphasized from the angle of constructing a country ruled by law.Firstly,by reforming the judiciary selecting system,establishing the judiciary stuff quotient system and strengthening judiciary training system,we will improve the diathesis of our judiciary procession and realize the professionalizing and homogeneity of judiciary procession.Secondly by reforming court management and the deployment of the power in the court,and establishing profession safeguarding system,we will realize the promotion of professional honor of judges in whole society,and the comprehensive quality of judges will be enhanced as well.In conclusion,the author aims to,through the above suggestions,improve the professional reform of IP judicial system.