Research On The Litigation Service In The Case Of Commercial Protection For Intellectual Property Rights

The service system is an indispensable part of the civil procedure system.It is a necessary link between the procedural law and the substantive law,and it is an important guarantee to realize the value of procedural law and the value of substantive law.However,as China’s intellectual property rights increasing cases of commercial rights,such cases in the "service difficult" problem has been very prominent,seriously affecting the legitimate rights and interests of the parties and the implementation of the court.Therefore,it is necessary to analyze the problem and propose solutions.Compared with the traditional civil and commercial cases,intellectual property rights cases show the business scale is small,complex and changeable,legal awareness weak,resulting in the court in the process of delivery is difficult to determine the address of service,by the party and hinder;existing system of our country about the way of service delivery and service subject rules can not be effectively applicable to commercial intellectual property rights cases;the security system has failed to establish service.The above reasons lead to the dilemma of "service difficulty" in intellectual property rights protection cases.Therefore,it is necessary to pass the investigation and analysis of the actual cases,to type the "difficult" phenomenon,and put forward some countermeasures.In order to solve the business of intellectual property rights cases must be "hard to reach",both from the legislative level and practice level,improve the existing service system at the legislative level,including strengthening the plaintiff responsibility,improve the existing mode of service delivery and the establishment of accountability mechanisms to prevent service;in practice,we must improve and guarantee service system,including the practice model the way of service,the rational allocation of judicial resources and the establishment of social credit system.