Study on Thinking of China Intellectual Property Courts' Function in Judicial Confirmation of Patent

摘要

China has made a large stride forward to establish Intellectual Property Courts to meet the requirement of better patent rights protection. Germany, U.S. and Japan are acknowledged as patent power countries. This paper compares and contrasts the IP courts construction, especially the function in patent confirmation in these three countries, and then concludes their advanced experience in jurisdiction, trial attribute and judicial procedure of IP courts. With China judicial practice, this paper propose some suggestions to the further perfection of patent confirmation mechanism, emphasizes the role of IP courts to improve the fairness and efficiency in patent dispute resolution.