Research On Judicial Decision System Of Effectiveness Of Intellectual Property Rights

With the continuous improvement of China’s innovation capability and the continuous enrichment of intellectual property innovation results,the number of intellectual property dispute cases has been increasing year by year.Disputes concerning the effectiveness of intellectual property rights in intellectual property disputes.According to current laws and judicial practice,only the Patent Re-examination Board and the Trademark Review and Adjudication Board under the State Intellectual Property Office have the power to determine the effectiveness of intellectual property rights.In the lawsuit on infringement of intellectual property rights,the defendant filed an invalid declaration of rights and the court generally had to suspend the infringement litigation before the validity of intellectual property was determined and wait until the administrative judgment came into force to continue the trial of the infringement.This resulted in the delay of intellectual property litigation procedures,resulting in low efficiency of intellectual property dispute resolution and detrimental to the rights holders and the rights of the accused infringers.Although the relevant judicial interpretations give judges discretion to suspend proceedings,they do not completely solve the problem of delays in litigation proceedings.Outside of the domain,the court will judge the validity of intellectual property in the infringement litigation to solve the problem.This article intends to discuss the introduction of a judicial judgment system for the validity of rights in intellectual property litigation.First of all,this article will clarify the issue of the prosecution of intellectual property lawsuits in practice,and on this basis continue to explore the possibility and dilemma of the introduction of judicial decision system in China.Secondly,the article will focus on the theoretical definition of the definition of the validity of intellectual property and the concept and nature of the judiciary system for the validity of intellectual property,and provide theoretical support for the construction of judicial judgment system.Afterwards,the article will provide an in-depth analysis of the specific issues facing the introduction of the system in China.For example,the technical and professional characteristics of intellectual property rights make professional issues identified by judicial decisions difficult to identify.Then,on the basis of this,the fourth chapter introduces the specific operational status,advantages,and disadvantages of foreign jurisdictional jurisdiction systems in Japan,China’s Taiwan region,and the United States.Finally,it focuses on the specific construction of the judicature judgment system for the effectiveness of intellectual property rights in China,the choice of supporting systems,and the judiciary decision model and the problem of limited judgment.