Intellectual Property,Three-pronged Union,Background,Criminal Crossing Case Model Study

Since the State Council issued the "Outline of the National Intellectual Property Strategy" in 2008,the Supreme People’s Court has successively clarified the reform direction of the three-in-one intellectual property trial,and in 2016 promoted the "threein-one" trial of civil,administrative and criminal cases of intellectual property rights.Reforms.In 2018,the General Office of the Central Committee of the Communist Party of China and the General Office of the State Council also proposed the intensification and efficiency of judicial protection of intellectual property rights.Although my country is advancing the reform of intellectual property rights,there is a lack of effective legislative documents to regulate and clarify intellectual property criminalcivil intersecting cases.Local people’s courts at all levels still refer to the “criminal and civil intersecting cases of intellectual property rights before civilians”."The principle of trial is to be dealt with.In intellectual property cases,they have different trial characteristics from ordinary civil and commercial cases,such as ownership determination,infringement comparison,and damage amount.Therefore,how to regulate the trial mode of intellectual property criminal and civil cross-cases so as to fit the intellectual property criminal-civil cross-cases The characteristics of this are also problems that need to be solved urgently in academia.This paper will describe the background of the intensification of the reform and development of my country’s intellectual property three-instance reform and development process,explore the related concepts of intellectual property criminal and civil intersecting cases,combine my country’s intellectual property civil infringements and criminal acts,and focus on analyzing its intellectual property penalties.Types of inter-civilian cases,and explore the causes of their intellectual property,criminal-civil intersecting.Studying the current legislation and judicial status of intellectual property criminal-civil intersecting cases in our country,and proposing the legislative deficiencies in the trial mode of intellectual property criminal-civilian intersecting cases,the conflict of jurisdiction,the division of criminal and civil judges’separate trials,and the inconsistent intellectual property rights The logic of the trial and the problem of the delayed relief of the infringed.Focusing on the theoretical analysis of the trial mode of criminal-civil intersecting cases,it is proposed that my country can adopt the criminalcivilian parallel trial mode in the trial mode of intellectual property criminal-civil intersecting cases,and the system proposes that legislation should be preceded by legislation and jurisdiction.Unification,the cooperation of criminal and civil judges in the trial,the priority determination of ownership,and the construction of the party’s right to choose procedures,so as to effectively protect the legitimate interests of intellectual property rights holders.