중국의 특허쟁송 제도의 발전방향에 관한 고찰

The Supreme People's Court of China has made the Intellectual Property Courts in Beijing, Shanghai, and Guangzhou, which professionally handle intellectual property cases involving patents in patent litigation. In addition, intellectual property courtrooms also have been set up in the courts of other regions for the professional handling of intellectual property cases. Currently, only the civil litigation and the administrative litigation regarding patents are handled by the Intellectual Property Courts, but the Supreme People's Court of China is trying to adopt “3 in 1 judicial review” which also handles the criminal litigation together on the related cases in a single intellectual property courtroom. The Intellectual Property Courts of China actively introduces and utilizes the technical examiner system to help judges accurately judge the patent litigation cases, thereby enabling efficient operation of patent litigation review. This system is also gradually being expanded to other courts. The Supreme People's Court of China has enacted “the Judicial Interpretation” to promote the unity of the judicial standards and to modify the relevant provisions so that objective judgments of the judiciary can be made. And the Supreme People's Court of China is pursuing a policy of emphasizing the transparency and disclosure of justice. In particular, the Beijing Intellectual Property Court, the Shanghai Intellectual Property Court and the Guangzhou Intellectual Property Court are handling the patent litigation cases professionally and expeditiously, and the judicial review process is transparently disclosed. In China, there are also civil remedies, criminal remedies and administrative remedies for patent lawsuit system. The Patent Re-examination Board of the State Intellectual Property Office handles cases related to patent trials, and the litigations for cancellation of the trial decisions are handled by the Intellectual Property Court. In the cases of China, there are unique characteristics of the Chinese system in each remedy of patent litigation, which suggest us many things about the operation of the patent lawsuit system in our country. In the end, it is necessary to refer to the course of development of China's patent lawsuit system as described above in order to solve the problems of the exclusive jurisdiction on the intellectual property litigations concerning the criminal cases and the exclusive jurisdiction on the lawsuits concerning patent right, etc..