中国知识产权法院民事案件管辖规定检视——以专利纠纷案件为视角

Inspection on China' s Jurisdiction of IPR Civil Cases——From the Angle of Patent Cases

专业性案件专业法官专业化审理是知识产权法院设置应有之义。以专利纠纷案件为例,检视中国知识产权法院民事案件管辖规定及实践,发现其更多地体现从应然性视角强调管辖案件范围,而忽视设置知识产权法院目标定位;管辖定位模糊,缺乏解决"三地"知识产权法院与"三地"外普通法院管辖权冲突的明确规则;欠缺具有技术背景知识的法官。完善知识产权法院案件管辖及审理,应限缩管辖案件范围,实行(三地)域内集中管辖与域外优先管辖相结合模式,引入技术调查官制度。并谋求在立法中予以固化,真正实现知识产权法院对专业技术性知识产权案件实现专业化审理。

Specialized cases,professional judges and professional trial should be included when the intellectual property courts to be set up. In patent disputes,the jurisdiction of civil cases in regulations and practices was reflected in the view of certainty rather than the purpose of the courts; the jurisdiction is also vague,and more definite settlements are needed to resolve the jurisdiction dispute between the'three regions'where have intellectual property courts and out of 'three regions'where just have general courts; judges with technical background are also in shortage. To improve and perfect the intellectual property courts' jurisdiction and trail,the scope of jurisdiction should be narrow,meanwhile,it is necessary to establish a new model of the combination of domain centralized jurisdiction and outside of the jurisdiction of the priority,then introduce Technique Ombudsman System. And through legislation consolidation,the intellectual property courts could trail the professional technical intellectual property cases and achieve professional trial.