Study On The Advance Judgment System In Intellectual Property Litigation

Partial judgment is a judgment made by the people’s court on part of the facts and part of the request that have been cleared.It is a concept opposite to all final judgments.The application of partial judgment in intellectual property cases is in line with the inherent trial rules of intellectual property cases,can protect the interests of right holders in a timely manner,and effectively improve the efficiency of intellectual property trials.It is a procedural innovation in the trial mechanism.However,the current judicial practice of partial judgments in my country still has certain problems,which restrict the effective performance of this system.Through the analysis of intellectual property rights infringement cases in which partial judgments are applied in judicial practice in China,it is found that partial judgments in judicial practice mainly include poor operability of system regulations,alienation of the handling of remaining subject matter,and delayed enforcement of first-instance judgments,etc.Application dilemma.The root causes of the above problems can be divided into two levels: legislation and system.Among them,the legislative level can be divided into two factors: the lack of accurate basis for the court’s application rules and the unclear handling of the remaining subject matter;the system level is mainly reflected in the fact that unsettled cases affect the closing rate,two books in one case lead to high judicial costs,and the application of partial judgments can lead to conflicts.Three factors are judged.By analyzing the status quo of application and its inherent causes,it is necessary to clarify the applicable conditions of the partial judgment,and then construct a dual starting mode from the following three aspects: First,from the perspective of perfecting the legislation,the application principle of the partial judgment should be clarified and the operation of the detailed procedures should be clarified.Rules;Secondly,in terms of standardizing the trial method of remaining subject matter,after the partial judgment becomes effective,other litigation requests should be continued,and the remaining part of the lawsuit request should not be rejected or the remaining subject matter of the lawsuit should be dealt with separately;finally,the knowledge should be clarified On the basis of the relationship between property rights advance judgment and behavior preservation,clarify the processing rules when both are applied simultaneously,so as to fully utilize the advantages of the "priority judgment + behavior preservation" model,and strive to build a reasonable allocation of judicial resources,so that the prosecution and defense A legal and reasonable trial mechanism with comprehensive protection of interests and appeals.