論我國知識產權法院的規劃設計

Planning and Designing for China’s Intellectual Property Courts

知識產權審判面臨事實查明難度大，民事、刑事和行政審判領域之間缺乏溝通，確權糾紛解決程序設計不合理等現實問題。世界範圍的知識產權審判體制改革業已形成較為一致的趨勢和做法，我國知識產權法院的規劃設計應當合理借鑒比較法經驗，秉持戰略思維、國情思維、改革思維和治理思維，按照四級兩審、交錯並行的縱向架構，均衡分布、兩區分离的橫向布局，在案件管轄上實行民事、刑事和行政糾紛的三審合一與技術類糾紛的集中管轄，通過準確的程序定位與有效的程序銜接提高確權爭議解決的效率，以多元設計的程序規則和增設序列的隊伍配備保障知識產權法院的有效運行。

The trial of intellectual property (IP) cases is faced with various practical problems, among which are the difficulty of identifying facts; the lacking of communication between civil, criminal and administrative jurisdictions; and the disputable designing of the litigation procedures of the confirmation of IPR. Fortunately there has already formed an identiifable worldwide trend of revising IP trial systems. By drawing rationally the valuable experiences from comparative legal resources, and guided by the developing and reforming strategy based on national conditions, this article tries to provide a utilitarian model of IP courts system which consist of two parallel courts divisions: one is the already existing four-level courts system which deals with common IP trials, and the other is the specialized IP courts system yet to be established, designed to conduct technology-related IP cases. Both divisions are authorized with the power of bringing all kinds of IP disputes to trial, whether they concern civil, criminal or administrative laws, and the final judicial decisions are to be made by the appellate court. But one mainly different feature of the IP courts system is its judicial jurisdiction, unlike other courts whose jurisdictions are delimited in accordance with administrative districts, those of IP courts are to be determined by the diverse amounts of IP cases in different regions. In order to acquire a basically even distribution of cases, the jurisdictions of IP courts will not be in exact correspondence with administrative districts to a certain extent. The article also gives suggestions on how to enhance the efifciency of the dispute resolution process by accurately deifning the function of each separate procedure and connecting them in a way as smooth as possible, and how to ensure efifcacious operation of IP courts through allocating enough staff members and setting multiple rules of legal procedure.