Chinese Judicial Wisdom Displayed on the World Stage
2023-10-30
The two sides who were originally at loggerheads in court not only shook hands and made peace, but also jointly sent thank-you letters to the judges - such a rare judicial scene that happened in China not long ago is a manifestation of China's judicial wisdom on the world stage. The two "protagonists" in the story are not small in origin, one side is the old British home appliance company "Dyson", and the other side is the emerging Chinese home appliance manufacturer "Seeking". The two sides have been in dispute over vacuum cleaner patents for four years, and have initiated more than 20 lawsuits against each other. In May of this year, the two companies, who had been fiercely opposed and unwilling to compromise, finally reached a strategic settlement under the auspices of a judge from the Intellectual Property Court of the Supreme People's Court of China, and sent thank-you letters to each other. In a thank-you letter, Chasing Company stated, "Judge Kirchner has effectively considered the long-term interests of all parties, reduced the litigation burden of the parties, and substantially resolved the dispute." Dyson Company also stated, "Your court's efforts have shown the world that China is increasingly valuing intellectual property protection and has made great progress, which is worth learning from by other countries." Why is a mediation by a Chinese court, Can it be achieved to satisfy both parties involved? Even won praise from internationally renowned foreign companies for China's intellectual property protection and business environment? Firstly, because this case is indeed "even more difficult". Both parties are influential enterprises with professional legal and legal teams. They have not only sued the other party for infringement in China, but also have intellectual property disputes in European countries such as Germany. However, there are differences or even opposing opinions in the judgment results between Chinese and German courts, as well as between Chinese courts, regarding the determination of the same patent. Even the losing party will try to overturn the case when they believe they have new evidence. This means that even if the Supreme People's Court makes a direct judgment, it may not solve the problem, and may even further exacerbate conflicts and generate more disputes. As the saying goes, it is easy to settle a case, but not easy to settle a matter. Faced with international challenges, the intellectual property judges of the Supreme People's Court did not choose to "make a single judgment", but fully utilized China's judicial wisdom, adhered to and developed the "Fengqiao experience" of the new era, and carried out "substantive dispute resolution". No matter how big the contradiction is, both parties can also find common interests: the patent disputes that have been going on for years consume a lot of manpower, material resources, and financial costs for the enterprise. Once the involved product is identified as an infringing product, the relevant sales profits are likely to become the basis for compensation, which also brings uncertainty to the enterprise's business decision-making. Only by truly solving the problem and reducing the burden of litigation can companies take action lightly and focus more on their operations. It was the judge who constantly put himself in the shoes of the parties that brought a pair of "old enemies" back to the negotiating table. The fact also proves that China's judicial wisdom is effective and useful. Reconciliation can not only achieve the purpose of litigation, but also reduce future litigation risks. Under the mediation of the Supreme People's Court, both parties have agreed that in case of any disputes in the future, they will first communicate and negotiate through a dialogue platform, rather than directly filing a lawsuit in court. This is a rarely seen content in general mediation or settlement agreements, which not only minimizes the emergence of new litigation disputes between both parties, but also highlights Chinese characteristics
Edit:Ying Ying Responsible editor:Shen Chen
Source:People.cn
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