중국 지식재산권 상업적 권리보호 소송의 사법적 규율

Intellectual property commmercial right litigation in China has shown a rapid growth in recent years. Although it has strengthened intellectual property protection to a certain extent, it has also exposed problems such as the alienation of moral basic of legal responsibility the generalization of the application of statutory compensation, and the batching of litigation. This phenomenon not only leads to the occupation of judicial resources, but also may damage the legitimate rights and interests of small and medium-sized enterprises, and deviate from the original intention of the intellectual property protection system. In the face of this problem, an in-depth discussion from the perspective of judicial governance is needed to achieve a balance between rights protection and market equity. At present, the difficulties in the management of intellectual property commercial rights litigation are mainly concentrated in the fragmentation of case-filing, insufficient litigation response capabilities of infringers, and the inconsistency of adjudication standards. In order to deal with the phenomenon of the proliferation of intellectual property rights litigation, it is necessary to build a comprehensive judicial governance system. On the one hand, the case-filing review should be strengthened, and an early-warning system for cases and a specialized case-dividing mechanism should be established to reduce abusive lawsuits at the source. On the other hand, the litigation assistance system should be improved to provide legal support to vulnerable infringers of intellectual property rights and to ensure fair confrontation between litigants. In addition, it is necessary to standardize the adjudication standards, clarify the requirements for proof of ownership, the rules for the application of statutory compensation and exemption and defense conditions, and exemption and defense conditions, so as to reduce the uncertainty of adjudication and improve the predictability of judicial decisions. Against the background of the continuous strengthening of judicial protection of intellectual property rights, how to achieve a balance between encouraging innovation and protecting right holders and preventing the abuse of rights and maintaining fairness in the market is an important issue facing the current judicial system. By optimizing the governance model and improving the effectiveness of litigation governance, it helps to achieve “source reduction” and “accurate adjudication”, promote the modernization of the judicial protection system of intellectual property rights, and provide practical references for optimizing the rule of law environment and promoting the high-quality development of the economy.