Specialized trial full chain protection (rule of law focusing, intellectual property protection)08/05/2022
Specialized trial full chain protection (rule of law focusing, intellectual property protection)
Source: The Supreme People’s Court core reading the Central Committee of the Communist Party of China, the State Council issued "Intellectual Property Strong National Construction Outline (2021-12035)", "Outline" requirements, implementation of the basics in accordance with the law, strictly protect intellectual property rights, and effectively safeguard social fairness and justice And the legitimate rights and interests of rights
In recent years, the People’s Court actively promotes the specialization of intellectual property trial, cracking the right to rights protection, and further strengthen the full chain protection of intellectual property rights. Piracy plagiarism, malicious, famous brand … For a while, in violation of copyright, trademark rights, etc., challenged intellectual property protection.
In addition, intangible cultural heritage, Chinese old name and literary industry intellectual property protection is related to the inheritance of China’s excellent traditional culture and the prosperity of cultural industries.
In recent years, the people’s court has adhered to the service overall situation, justice for the people, fair justice, and actively play the intellectual property judicial protection function, and promotes the formation of justice and efficient, jurisdiction, clear and clear system. Judicial protection system. The Supreme People’s Court recently released the "Opinions on Strengthening the Justice of Intellectual Property Rights in New Ages for Intellectual Property" (hereinafter referred to as "Opinions"), from the work requirements, fair justice, improve performance, and deepen the four In terms of a comprehensive strengthening of the new era intellectual property trial work, 20 policy measures were proposed. The new change involves the increase in the core technology and key fields. The amount of the lawsuit is greatly improved. In case of the protection of the new industries and the "Red Bull" trademark rights of Thai silk, the protection of the Red Bull "trademark rights, the highest law Making a final judgment, rejection of the Red Bull, "revoke the judgment of the first-instance judgment, and the red cattle company has legal rights to the Red Bull series trademark", and clarify the owner of Thai Tianshi Company for the Red Bull series.
Introduction to the judgment of the case, this case sentence determines the legal boundaries of trademark transfer and trademark licenses, equal protection of the legitimate interests of China and foreign business standards, clearly passing signals to increase intellectual property judicial protection.
"Small I Robot" Invalid Patent Right An Invalid Announcement of Administrative Disputes, "Lithium Battery Protection Chip" integrated circuit layout design and infringement case, employees violate confidentiality criminal crossed case, "Lego" infringement of copyright crimes … these social concern The "2020 Chinese Justice Case" and "50 Typical Intellectual Property Cases" were released in the highest method.
According to the highest fadin patrophilus, in 2020, the National Court received a total of 525,618 intellectual property cases such as a review, second trial, and application for retrial examination, and a summary of 524,387, and the% and% increased in 2019, including one The case of high quality development cases.
The first batch of people’s legal intellectual property judicial protection is shown that the people’s court earnestly increase the intellectual intellectual property infringement compensation, and protects the intelligence innovators to obtain economic benefits; increase the intensity of criminal sanctions according to law, severe punishment Seed criminal behavior; adhering to the judicial concept of rights protection, cracking the problem of breeding violations; standardizing the application of new plants, promoting the quality of the variety authorization.
From 2016 to 2020, the courts at all levels of the country’s approximately 781 copies of the civil cases involved in plant varieties, and the annual quantity increased from 66 in 2016 to 252 years.
"In recent years, intellectual property cases have shown three new changes and new features.
First, the increasing cases involving core technologies and key areas. Second, the value of the intellectual property market involved in the case and the corresponding amount of claims have increased significantly. The third is that domestic and foreign litigation is getting closer. "The relevant person in charge of the highest law said that he must deeply understand the protection of intellectual property protection is an important content of improving the property rights protection system. Effectively strengthen the knowledge of intellectual property rights such as emerging industries, key areas, seed sector, and high-level technology. In the face of new fields, new hotspots, new issues, "Opinions" require strengthening new fields in new fields such as large data, artificial intelligence, genetic technology, etc., improve algorithm, business methods and artificial intelligent output intellectual property rights Judicial protection rules, reasonably determine the legal responsibility of new economic new state, actively responding to new technology, new industries, new formats, new model intellectual property protection judicial needs. New mechanism explore the specialization of intellectual property tributical trial roads, improve trial quality, unified referee Scale, promoting judicial reforms into the Supreme Intellectual Property Tribunal, Intellectual Property Tribunal, Intellectual Property Tribunal, Intellectual Terminal, Synchronous Circle Technology, and AR Technology, etc.
Since January 1, 2019, since the official unveiled operation, the Supreme Legal Intellectual Property Tribunal actively explored the construction of the wisdom court. Since the epidemic of the new crown, the Tribunal has carried out more than 2,000 lines of online trials, relying on the "People’s Court to serve the platform" trial surplus delivery model, and the accumulation of more than 10,000 electronic delivery, the total delivery reached the power, the average weekday, Effective saving judicial costs.
"The average trial cycle of the second trial entity in 2020 is 123 days. Among them, the average cycle of civil cases is the day, the average administrative case period is the day. Before the establishment of the court, the average trial cycle of the same case in the local advanced court at the same case is around 1 year, special The trial is shortened the trial cycle. "The Vice President of the Supreme Legal Intellectual Property Tribunal said. In addition to the Supreme Law, the establishment of intellectual property courts, Beijing, Guangzhou, Shanghai, Hainan Self Trade Port IRP has also been established. "Since the establishment of the intellectual property courts, adhere to the reform and innovation, gradually explore the path of specialization of Chinese characteristics, and win the active evaluation of the people and the international community. A positive effect. "The highest law relevant person in charge said" "Building the Intellectual Property Court will enhance the influence of my country’s intellectual property judicial, and create a new situation in my country’s intellectual property judicial protection." "Intellectual Property Strong National Construction Outline (2021-2035) Year) "Propose, implement the construction of high-level intellectual property trial institutions, strengthen the basis, institutional mechanism and the construction of smart courts.
"To delve into the civil, criminal, administrative case ‘three-in-one’ reform, improve the intellectual property lawsuit system, improve the factual and diversified technological facts to identify mechanisms, deepen cases of transient shipment reform, improve trial quality, efficiency and judicial credibility. "The relevant person in charge of the highest law said.
New Exploration Solved "The problem of difficulty, long-term cost, low compensation, low compensation" The amount increased in year-on-year.
"Opinions" clearly put forward, to apply for punitive compensation according to law, increase the compensation of intellectual property infringement and punishment of infringement, increase the regulation of intellectual property false litigation, malicious litigation, etc., to prevent abuse of intellectual property rights, promote Construction of Intellectual Property Litigation Integrity System. In recent years, in order to effectively curb the inclusion of intellectual property infringement, the highest law issued the judicial policy of "comprehensive strengthening of intellectual property judicial protection", strengthens the full chain protection of intellectual property rights. In order to solve the problem of difficulty, the period is the problem, the highest method has formulated the judicial interpretation of the civil litigation of intellectual property rights, improve evidence, evidence preservation, judicial appraisal, and improved the characteristics of intellectual property cases.
Clearly grasp the evidence of the evidence, clearly prove to hinder and hinder the legal consequences of the law, and reduce the burden on the rightsman, guide the parties to actively, active, comprehensive and honesty. At present, there are still some problems and difficulties in the intellectual property trial, and the judicial concept of intellectual property rights and new era requires a gap. The judicial reform in the field of intellectual property needs is further deepened. The new problems of intellectual property judicial protection require more research.
In order to supplement these short boards, "Opinions" requirements promote improvement of the national level of intellectual property case appeal, strengthen the intellectual property court, the construction of the intellectual property court, and deepen the comprehensive supporting reform of judicial responsibility system, and promote the optimization of intellectual property jurisdiction. In addition, the highest law will also study the lawsuit specification in accordance with the law of intellectual property rights, and improve the lawsuit system in accordance with the characteristics of intellectual property case.
"The People’s Court will fully strengthen intellectual property judicial protection, provide a solid rule of law guarantee for the protection of science and technology; strengthen copyright and neighbor protection, prospering socialist culture with Chinese characteristics; strengthening the protection of trademark rights, promoting the construction brand strong country; strengthen anti-monopoly and anti Unfair competition justice, maintaining a market environment that is conducive to innovation and development. "The relevant person in charge of the highest law said.
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