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학술논문산업재산권2021.10 발행

The Development and Approach of the Appeal Trial Mechanism of China’s Intellectual Property Cases: Centering on the Establishment of a Modern Intellectual Property Appellate Court

The Development and Approach of the Appeal Trial Mechanism of China’s Intellectual Property Cases: Centering on the Establishment of a Modern Intellectual Property Appellate Court

진방흠(절강대학교); Wei Lin(대만대학교); Le Cheng(절강대학교)

69호, 451~500쪽

초록

The establishment of the Intellectual Property Court of the Supreme People’s Court is the beginning of China’s formal establishment of a national-level intellectual property appeal hearing mechanism; however, this is only a trial and not a final judicial system reform, and future development and approaches need to be further explored. From an international perspective, the establishment of an intellectual property appeal court has become an international trend and consensus; in the local thinking, the establishment of an intellectual property appeal court is more conducive to the realization of the goal of building a large judicial system of intellectual property than the existing mechanism, and it does not hinder the maintenance of public welfare and self-interest. Finally, the innovation of the intellectual property appeal hearing mechanism is far from insufficient only by the establishment of specialized courts. In the evolution of modernization, it also needs to be equipped with corresponding judicial system and trial team, so as to essentially form the centralized and professional judicial effect of intellectual property appeal trial to improve trial efficiency and unify judgment standards.

Abstract

The establishment of the Intellectual Property Court of the Supreme People’s Court is the beginning of China’s formal establishment of a national-level intellectual property appeal hearing mechanism; however, this is only a trial and not a final judicial system reform, and future development and approaches need to be further explored. From an international perspective, the establishment of an intellectual property appeal court has become an international trend and consensus; in the local thinking, the establishment of an intellectual property appeal court is more conducive to the realization of the goal of building a large judicial system of intellectual property than the existing mechanism, and it does not hinder the maintenance of public welfare and self-interest. Finally, the innovation of the intellectual property appeal hearing mechanism is far from insufficient only by the establishment of specialized courts. In the evolution of modernization, it also needs to be equipped with corresponding judicial system and trial team, so as to essentially form the centralized and professional judicial effect of intellectual property appeal trial to improve trial efficiency and unify judgment standards.

발행기관:
한국지식재산학회
DOI:
http://dx.doi.org/10.36669/ip.2021.69.10
분류:
법학

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The Development and Approach of the Appeal Trial Mechanism of China’s Intellectual Property Cases: Centering on the Establishment of a Modern Intellectual Property Appellate Court | 산업재산권 2021 | AskLaw | 애스크로 AI