以兰州市第一例侵犯商业秘密案为例论知识产权立体审判模式
发布时间：2018-08-11 21:16
【摘要】：依法审理各类知识产权案件,是各级人民法院知识产权审判工作的重心。涉及知识产权问题的案件,在法院共有三大类,分别是刑事、民事、行政案件,这些案件已经覆盖所有知识产权法律领域,使人民法院知识产权审判职能得到了全面的发挥。在传统的审判模式下,三种案件因性质不同,由相应的审判庭分别审理。为统一执法尺度、提高诉讼效率,知识产权审判机构的专门化已逐步成为一个国际趋势。《国家知识产权战略纲要》在“战略措施”中指出,“完善知识产权审判体制,优化审判资源配置,简化救济程序。研究设置统一受理知识产权民事、行政和刑事案件的专门知识产权法庭。研究适当集中专利等技术性较强案件的审理管辖权问题,探索建立知识产权上诉法院。进一步健全知识产权审判机构,充实知识产权司法队伍,提高审判和执行能力。”在知识产权立体审判暨“三审合一”模式下,权利人对救济途径的选择具有明确的预见性,可以较为自由选择最能充分保护自己权利的途径,从而及时、有力地打击侵权行为。同时,知识产权审判的立体保护模式能够有效协调民事赔偿与刑事罚金之间的关系,使被害人在民事案件中得到有效和到位的经济赔偿,最大限度保护权利人的经济利益。由于知识产权法官经常接触知识产权民事侵权行为,而犯罪行为本身就是一种侵权行为,因此行为的定性对于知识产权法官而言就变得更加容易,这样就避免了刑事法官需要另行查找知识产权专业资料等不必要的浪费。本文第一章回顾了兰州市第一例侵犯商业秘密案的案情及案件的审理情况,简要分析了在案件审理过程中出现的若干问题,为知识产权立体审判模式相关问题的论述做了铺垫(因本案涉及商业秘密,文中将真名隐去)；第二章审视了我国知识产权审判现状和特点,通过对传统审判模式的弊端分析以及国外和我国台湾地区知识产权审判立体审判模式的实践中做法的对比介绍,彰显了知识产权立体审判模式的优势；第三章阐述了对知识产权立体审判的必要性与可行性分析,从知识产权立体审判推广的理论基础出发,先后对知识产权立体审判推广的必要性和可行性进行了分析,最终得出结论,在我国目前审判资源如此稀缺的情况下,“三审合一”审判模式具有合理性和必要性；第四章通过对我国各地方法院立体审判模式实践的介绍,使读者对我国现阶段“三审合一”的形式和内容有所认识；第五章在第四章的基础上,针对各地实践中知识产权立体审判模式的缺陷提出了完善的对策,为该模式的全面推广提供理论支持。
[Abstract]:Handling all kinds of intellectual property cases according to law is the focus of intellectual property trials in people's courts at all levels. There are three categories of cases involving intellectual property rights in the courts, namely, criminal, civil and administrative cases. These cases have covered all areas of intellectual property law, which has made the intellectual property trial function of the people's court fully play its role. In the traditional trial mode, the three cases are tried separately by the respective trial chambers because of their different nature. In order to unify the standards of law enforcement and improve the efficiency of litigation, the specialization of intellectual property judicial institutions has gradually become an international trend. The outline of the National intellectual property Strategy pointed out in "Strategic measures," perfecting the intellectual property trial system, " Optimize the allocation of trial resources and simplify the relief procedures. To study the establishment of specialized intellectual property courts that uniformly handle intellectual property civil, administrative and criminal cases. This paper studies the jurisdiction of appropriate centralized patent and other technical cases, and explores the establishment of an appeal court for intellectual property rights. We will further improve the intellectual property judicial institutions, enrich the intellectual property judicial team, and improve our ability to adjudicate and enforce intellectual property rights. " Under the mode of three-dimensional trial of intellectual property rights and "integration of three trials", the obligee has a clear foresight on the choice of remedies, and can freely choose the way that can fully protect his own rights, and thus promptly and forcefully crack down on infringement. At the same time, the three-dimensional protection mode of intellectual property rights trial can effectively coordinate the relationship between civil compensation and criminal fine, make the victims get effective and effective economic compensation in civil cases, and protect the economic interests of the obligee to the maximum extent. Since intellectual property judges often come into contact with intellectual property rights civil tort acts, and criminal acts are an infringement in themselves, it is easier for intellectual property judges to characterize acts. In this way, criminal judges need to look up intellectual property professional information and other unnecessary waste. The first chapter of this paper reviews the case of the first case of violation of trade secrets in Lanzhou City and the trial situation of the case, and briefly analyzes some problems in the trial of the case. It paves the way for the discussion of the issues related to the model of three-dimensional trial of intellectual property rights (as this case involves trade secrets, the real name is hidden). Chapter two examines the current situation and characteristics of intellectual property trials in China. By analyzing the disadvantages of the traditional trial mode and comparing the practices of the foreign and Taiwan intellectual property trial stereoscopic trial mode, the advantages of the intellectual property three-dimensional trial model are highlighted. The third chapter expounds the necessity and feasibility analysis of the three-dimensional trial of intellectual property, and analyzes the necessity and feasibility of the promotion of three-dimensional trial of intellectual property, starting from the theoretical basis of the promotion of three-dimensional trial of intellectual property. Finally, it is concluded that the trial mode of "three trials in one" is reasonable and necessary under the condition that the trial resources are so scarce in our country. Chapter four introduces the practice of the three-dimensional trial mode of the local courts in our country. The fifth chapter, on the basis of chapter four, puts forward some perfect countermeasures against the defects of the model of three-dimensional trial of intellectual property rights in various places. To provide theoretical support for the overall promotion of the model.
【学位授予单位】：兰州大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D926.2
本文编号：2178256
[Abstract]:Handling all kinds of intellectual property cases according to law is the focus of intellectual property trials in people's courts at all levels. There are three categories of cases involving intellectual property rights in the courts, namely, criminal, civil and administrative cases. These cases have covered all areas of intellectual property law, which has made the intellectual property trial function of the people's court fully play its role. In the traditional trial mode, the three cases are tried separately by the respective trial chambers because of their different nature. In order to unify the standards of law enforcement and improve the efficiency of litigation, the specialization of intellectual property judicial institutions has gradually become an international trend. The outline of the National intellectual property Strategy pointed out in "Strategic measures," perfecting the intellectual property trial system, " Optimize the allocation of trial resources and simplify the relief procedures. To study the establishment of specialized intellectual property courts that uniformly handle intellectual property civil, administrative and criminal cases. This paper studies the jurisdiction of appropriate centralized patent and other technical cases, and explores the establishment of an appeal court for intellectual property rights. We will further improve the intellectual property judicial institutions, enrich the intellectual property judicial team, and improve our ability to adjudicate and enforce intellectual property rights. " Under the mode of three-dimensional trial of intellectual property rights and "integration of three trials", the obligee has a clear foresight on the choice of remedies, and can freely choose the way that can fully protect his own rights, and thus promptly and forcefully crack down on infringement. At the same time, the three-dimensional protection mode of intellectual property rights trial can effectively coordinate the relationship between civil compensation and criminal fine, make the victims get effective and effective economic compensation in civil cases, and protect the economic interests of the obligee to the maximum extent. Since intellectual property judges often come into contact with intellectual property rights civil tort acts, and criminal acts are an infringement in themselves, it is easier for intellectual property judges to characterize acts. In this way, criminal judges need to look up intellectual property professional information and other unnecessary waste. The first chapter of this paper reviews the case of the first case of violation of trade secrets in Lanzhou City and the trial situation of the case, and briefly analyzes some problems in the trial of the case. It paves the way for the discussion of the issues related to the model of three-dimensional trial of intellectual property rights (as this case involves trade secrets, the real name is hidden). Chapter two examines the current situation and characteristics of intellectual property trials in China. By analyzing the disadvantages of the traditional trial mode and comparing the practices of the foreign and Taiwan intellectual property trial stereoscopic trial mode, the advantages of the intellectual property three-dimensional trial model are highlighted. The third chapter expounds the necessity and feasibility analysis of the three-dimensional trial of intellectual property, and analyzes the necessity and feasibility of the promotion of three-dimensional trial of intellectual property, starting from the theoretical basis of the promotion of three-dimensional trial of intellectual property. Finally, it is concluded that the trial mode of "three trials in one" is reasonable and necessary under the condition that the trial resources are so scarce in our country. Chapter four introduces the practice of the three-dimensional trial mode of the local courts in our country. The fifth chapter, on the basis of chapter four, puts forward some perfect countermeasures against the defects of the model of three-dimensional trial of intellectual property rights in various places. To provide theoretical support for the overall promotion of the model.
【学位授予单位】：兰州大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D926.2
【引证文献】
相关硕士学位论文 前1条
1 高彩虹;“防火隔热卷帘”发明专利侵权案的分析[D];兰州大学;2011年
，本文编号：2178256
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