Abstract: Due to the structural characteristics of the judicial system and historical reasons, judgments have not received due attention in the daily teaching of intellectual property law. In the context of the gradual establishment of the intellectual property case guidance system of the Supreme People's Court, full judicial disclosure, and the continuous improvement of the quality of judgments, it is of great significance to introduce judgments into daily classroom teaching of intellectual property law. Through text reading, scene reproduction, evidence collection and verification, judgment formation and legal application, the specific teaching design of the judgment in the intellectual property law course is realized. In order to effectively ensure the realization of this teaching design, teaching units also need to provide supporting teaching auxiliary conditions such as class hours, incentive mechanisms, and hardware facilities.
Keywords: Judgment; Intellectual Property Law; Teaching Design
CLC Number: G642.0
Document Identification Code: A DOI: 10.3969/j .issn.1008-4355.2012.03.19
1. Problems in classroom teaching of intellectual property law
Intellectual property law is a required core course in the undergraduate law curriculum. As far as the current teaching effect is concerned, this course has an urgent problem that needs to be solved: students cannot restore legal theories and legal provisions to life situations through classroom teaching. Even if students can memorize legal provisions well, they cannot accurately grasp and handle intellectual property disputes and corresponding legal relationships in real-life situations. According to feedback from employers such as law firms, enterprises and institutions, currently undergraduates and even graduate students majoring in intellectual property are finding employment after graduation. Even after undergoing pre-job training, a considerable number of graduates cannot enter workplace roles quickly. Although we advocate that university education focuses on the improvement of comprehensive quality, professional abilities should also receive equal attention. When Weber reflected on the academic-centered Humboldt-style university system and its philosophy in Germany, he highly praised American academic education for the purpose of pragmatism. The main purpose of American academic education is not to provide training in science and knowledge, but to provide scientific and intellectual training. It lies in the cultivation of personality through gaining one's own relevant experience in society, in the cultivation of citizens, and in the cultivation of a worldview that serves the political and social foundation of the United States." [1]
Weber's so-called socially relevant experience, That is professional ability. Based on the positioning of undergraduate education, we do not emphasize the cultivation of students' academic abilities. Therefore, the improvement of professional capabilities has encountered the "bottleneck" of factual scenario restoration and industry experience.
In order to solve the above problems, some political departments and courts have introduced practical teaching, practical observation and other links into the intellectual property law courses, trying to allow learners to gain an intuitive experience of real situations through direct participation in practical activities, and thus formed Ability to judge facts and apply law. In terms of the starting point, the intention to introduce practical teaching, practical observation and other aspects into the teaching process is undoubtedly good. Although adding so-called "practice", "practice" or "observation" to the teaching form seems to enrich the teaching methods, as far as the actual situation is concerned, it has not achieved the effect originally expected by the course designers. On the one hand, the time for intellectual property law courses is relatively limited. After adding practical and practical observation links, the time for theoretical classroom face-to-face teaching is greatly reduced, making it more difficult for students to form a complete and effective knowledge system in a short period of time. College students should focus on theoretical study while they are in school, develop certain legal thinking abilities and skills, and lay a cognitive foundation for engaging in practical work after graduation; on the other hand, because the current teaching classes do not implement small class teaching, in the course teaching Organizing practical and practical observations during the process will undoubtedly increase the burden of organizational work and unsafe factors for the observing units and teaching staff; moreover, judging from the actual effect of court observation or patent oral trial observation, since the relevant information of the ongoing cases cannot be It is open to the public and only oral content is exposed during the observation process. It is actually difficult for students to grasp the case as a whole, and even after the trial is over, it is impossible to summarize the disputes between the litigants.
In view of the problems that arise in the above-mentioned teaching process and the incompatibility of related solutions, it is necessary to re-examine.
In recent years, we have carried out education reform projects and quality projects at national, provincial and other levels related to "Intellectual Property Talent Training". Based on our teaching experience, introspection and reform of the teaching content itself is the basic way to effectively improve teaching quality. The problem that arises in the teaching effect that students lack the ability to restore French language to life situations and then apply the law can actually be better solved by reforming the teaching content itself. Among the various measures to reform teaching content, the introduction of judgments as a basic text for reading and training in classroom teaching is one of the key links.
2. The possibility of introducing judgments into teaching design
In the past and current teaching of intellectual property law courses, and even in the entire teaching process of law majors, the use of judgments has not been widely used. Pay attention. Even in some courses that set up case teaching, law teachers still use summarized and refined cases as the basic teaching materials, and basically do not provide the full text of the uncut judgment, nor do they provide or are unable to provide the source and judgment number of the judgment. If students try to search and learn further, there is no way to start. Judgments have not received enough attention in teaching. The basic reasons are as follows:
(1) Judicial system factors
Our country is not a country of case law, and a court’s judgment cannot Other court decisions have binding force, and court decisions uniformly follow laws, regulations or judicial interpretations. The structural characteristics of the judicial system directly cause legal education to pay more attention to the reading and analysis of legal and regulatory texts, while not paying attention to or ignoring judgments as the basic material for text reading. In classroom teaching, teachers use analysis and explanation of legal provisions as the main content while building a framework of legal systems and systems for students. This teaching concept and thinking model was directly reflected in the content of the lawyer qualification examination organized by the Ministry of Justice in the early days and the subsequent judicial examination: either the memory of the legal provisions was directly tested, or the understanding of the legal provisions itself was tested, and it was rarely conducted in the form of cases. Scenarios reproduced and laws applied.
(2) Insufficient disclosure and dissemination of judicial judgments
Before the rise of the Internet, the dissemination of judgments was often limited to books in the form of case collections, and the amount of information in such books and limited communication capabilities. In addition, if teaching staff want to obtain first-hand information on judicial cases, including judgments, complaints, representations and related case evidence, they must go to the court archives to conduct on-site research and collect data. For general teaching staff, this process is costly and the case information that can be collected is very limited.
(3) Quality of Judgment Documents
In the last century, because legal education had not yet been widely developed and the legal professional body had not yet been formed, the audience for judicial judgments was more Only the parties concerned, the judicial documents have not yet become judicial products for the society. The judgment simply records the facts ascertained by the court and directly applies the corresponding laws and regulations to the facts. That is to say, there is a lack of detailed cross-examination and admission process of evidence, and there is no legally applicable argumentation and reasoning process. Therefore, from the perspective of teaching quality, such judgment documents do not have the potential to serve as basic study texts for legal education.
Based on the above reasons, judgments have not become an important link or component of teaching in legal classroom teaching, including intellectual property law. However, it should be noted that these factors have gradually changed in recent years. In terms of judicial system factors, generally speaking, it still follows the statutory system. However, in the field of intellectual property law, the Supreme People's Court has gradually established an "Intellectual Property Trial Case Guidance System" through typical intellectual property cases since 2008. Its purpose It is to "further play the demonstration and guiding role of the Supreme People's Court's trial cases." [2]