First, better protect the legitimate rights and interests of the parties.
1 is a fast track for the trial and execution of intellectual property cases. If the litigation of the parties is accepted in time and meets the conditions for filing, the case shall be filed as soon as possible within the statutory time limit. Cases involving intellectual property disputes may be given priority in trial and execution according to actual conditions.
2, is to strengthen the litigation guidance of intellectual property cases. The court shall formulate a guide to intellectual property litigation, actively, openly and fairly explain and guide the parties on the scope of accepting cases, the scope of jurisdiction, the applicable conditions of interim measures before litigation, and guide intellectual property rights holders to safeguard their legitimate rights and interests according to law.
3. First, improve the proceedings of intellectual property criminal private prosecution cases. If the obligee can prove that the defendant's crime of infringing intellectual property rights is minor, the court may directly accept it and make a judgment according to law. For infringement cases that seriously endanger social order and national interests, the court can directly transfer them to public security organs and investigate the criminal responsibility of the infringer through criminal proceedings.
Two, to further strengthen the construction of intellectual property judges, because talent is the fundamental factor. The court should actively take effective measures to further strengthen the construction of intellectual property cases. Select a group of judges with strong political quality, high academic qualifications and rich trial experience to engage in the trial of intellectual property cases. In practice, the court can also vigorously strengthen the training of intellectual property trial business, improve the quality of intellectual property judges, and train a group of expert intellectual property judges with solid theoretical foundation and rich practical experience through expert lectures, study tours and sending them to domestic and foreign research institutions for further study, so as to comprehensively improve the judicial ability and level of trying intellectual property cases. At the same time, optimize the team of people's jurors in intellectual property cases, select a group of intellectual property experts with technical expertise to serve as people's jurors in intellectual property cases, participate in the trial of intellectual property disputes in the first instance of the court, and give full play to the unique role of expert people's jurors in intellectual property trials.
Three, to further improve the court trial organization system.
1 is an intellectual property trial institution that the court should further improve. In order to improve the jurisdiction of patent disputes and meet the growing demand for intellectual property cases, courts at all levels in the country should be set up to hear intellectual property cases, and a unified and complete intellectual property trial system should be gradually established throughout the country.
2. Establish a special enforcement system for intellectual property cases. The enforcement department of the court shall set up full-time executors of intellectual property cases to be responsible for executing all kinds of enforcement cases involving intellectual property rights.
3, is to set up an expert advisory group to hear intellectual property cases. Hire experts and scholars in the field of intellectual property to provide special consultation for courts at all levels to try difficult and complicated intellectual property cases. At the same time, establish an expert witness system and formulate the way for expert witnesses to appear in court.