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Intellectual Property Rights Tridimensional Trial Pattern Research Exampled by the First Infringement of Trade Secrets Case in Lanzhou

Author: LvBin
Tutor: YuShuYi
School: Lanzhou University
Course: Intellectual Property Law
Keywords: Intellectual property rights Judicial protection Infringement of trade secrets The stereoscopic trial mode Three trial one
CLC: D926.2
Type: Master's thesis
Year: 2011
Downloads: 80
Quote: 1
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Abstract


Hearing all kinds of intellectual property cases in accordance with the law, is the center of gravity of intellectual property trial work of the people's courts at various levels. Cases involving intellectual property issues, the court there are three categories, namely, criminal, civil and administrative cases, these cases have to cover all the field of intellectual property law, intellectual property so that the people's court trial functions to get the full play. In the traditional mode of trial, three cases are different in nature, corresponding courtroom trial. Unified law enforcement standards, the efficiency of the proceedings, the judicial institutions of intellectual property specialization has gradually become an international trend. \appropriate concentration of patents and other highly technical trial of the case the question of jurisdiction, explore the establishment of the Intellectual Property Court of Appeals. further improve IPR judicial organ, to enrich intellectual property judicial team to improve the trial and execution capabilities. \one \At the same time, the intellectual property protection of the trial of the three-dimensional mode to effectively coordinate the relationship between civil damages and criminal fines and allow victims to be valid and in place economic compensation in a civil case, the maximum protection of the economic interests of the rights holders. IPR judges frequent contact with civil infringement of intellectual property rights, and the crime itself is a tort behavior qualitative Judge of intellectual property becomes easier, thus avoiding the criminal judges need to be to find the IP professionals Data and unnecessary waste. The first chapter reviews the Lanzhou City, the first case of infringement of commercial secrets of the case and the conduct of the case, a brief analysis of the number of issues arise in the case proceedings, did pave the way for the intellectual property rights of stereo modes of trial-related issues discussed ( case involving trade secrets, the paper, the real name withheld); Chapter II examines the status and characteristics of China's IPR trial by the shortcomings of the traditional trial mode analysis as well as abroad and in Taiwan, China IPR trial practice the stereoscopic trial mode of practice contrast introduction, highlighting the intellectual property of the advantages of the three-dimensional trial mode; third chapter elaborates on the necessity and feasibility analysis of intellectual property stereoscopic trial, starting from the theoretical foundation of intellectual property the stereoscopic trial promotion has intellectual property dimensional trial promotion the necessity and feasibility analysis, and ultimately concluded that, in the case of trial resources so scarce, \the introduction of the three-dimensional modes of trial practice, to enable readers to be aware of the form and content of our \comprehensive promotion of improved countermeasures, this mode provides theoretical support.

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CLC: > Political, legal > Legal > Chinese law > Justice system > The court
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