Xiamen court strengthens judicial coordination protection of intellectual property rights, empowering the development of new quality productivity
2024-08-22
Recently, the 15th issue of the National Development and Reform Commission's "National Exchange on Optimizing the Business Environment" published a typical case of reform titled "Xiamen, Fujian: Establishing a Diversified Intellectual Property Dispute Resolution Mechanism to Empower the Development of New Quality Productivity". The experience and practices of intellectual property protection in Xiamen courts have been promoted for reference and inspiration throughout the country. It is reported that Xiamen courts continue to increase the judicial protection of intellectual property rights, taking the lead in piloting the "three in one" reform of intellectual property criminal, civil, and administrative case trials, and have cross regional jurisdiction over difficult and complex technical first instance civil and administrative cases. Give full play to the leading, regulating, and safeguarding role of the rule of law, continuously improve the diversified mechanism for multi departmental collaborative participation in intellectual property disputes, establish the first national intellectual property judicial collaborative center, promote the full process, full chain, and all-round protection of intellectual property, and provide strong support and guarantee for the development of new quality production capacity. From January to July this year, the number of intellectual property disputes decreased by 26.84% year-on-year. Focusing on the "three key areas" and ensuring innovation driven development, we have taken the lead in introducing twelve measures to strengthen the judicial protection of intellectual property rights, help create a favorable development environment for innovation and entrepreneurship, and strengthen the protection of enterprise innovation achievements. Focusing on precise protection of technological innovation. The punitive damages system shall apply to the act of carrying technical secrets to other companies in violation of good faith and causing damage to the original company's operations. For cases involving essential patents in the field of communication standards, mobile camera module technology, and other highly innovative technologies, the scope and intensity of protection should be reasonably determined based on the degree of technological innovation, and the supplementary role of temporary measures should be fully utilized to strictly punish malicious infringement. For cases involving new plant varieties, invite technical investigators to participate in "on-site investigation+evidence preservation" and agricultural law enforcement personnel to attend court hearings, in order to increase the protection of the legitimate rights and interests of breeding innovation entities. Two cases involving computer software development contracts have been promoted by the Supreme Court as "excellent judgments" to clarify the distribution of benefits and responsibility arising from the development and transfer of technological achievements in technology contract disputes. Focus on multi-dimensional protection of fair competition. Being the first to apply the Anti Unfair Competition Law to combat malicious trademark registration, it was selected as one of the top ten cases by the Quality Brand Protection Committee of the China Association of Foreign Investment Enterprises. Develop litigation guidelines for cases involving infringement of trade secrets, address weak links in trade secret protection, and use burden of proof transfer to effectively reduce the burden of proof for rights holders. We will strengthen judicial protection of geographical indications, resolve disputes over trademark infringement involving the words "Gulangyu" and "Anxi Tieguanyin Tea", and guide and standardize the use of commercial signs containing geographical names. Explore and improve data protection rules, conclude the first case of infringement dispute over "short video" transportation in China, clarify the boundaries of massive data utilization in the development process of AI industry and other industries in the digital economy environment, and select the "Xiaohongshu" data unfair competition case as one of the 50 typical intellectual property cases in Chinese courts in 2023. Focus on the three-dimensional protection of cultural innovation. Take the lead in applying the copyright law to protect the content layout of website pages, focus on hearing representative cases of copyright protection of cultural creation and dissemination in the Internet field such as QQ Music, Netease Cloud Music Platform, determine the amount of compensation appropriate to the market value of the works involved, promote the legal governance of the copyright Internet field, and be selected into Fujian courts for reference. Properly handling the copyright dispute of the mural "Spring of Wuyi" in the Great Hall of the People, balancing the interests of the creator, the legal person, and the public, and selected as one of the 100 excellent judgment documents in the second national court. Send judicial suggestions on comprehensive copyright governance, promote market entities to strengthen their awareness of intellectual property protection, and encourage innovative entities to take the initiative lightly. Adhere to the market value orientation of intellectual property infringement compensation, and use evidence rules, economic analysis methods, and other means reasonably to make up for and recover market damage caused by infringement, in order to stimulate innovation vitality through strict and fair justice and promote the cultivation of the "three major concepts". Adhere to the concept of strict protection. According to the law, a company was found to have engaged in malicious litigation in a patent case involving a "target flowmeter", which was upheld by the Supreme Court in the second instance. This is the first case in the field of intellectual property where the Supreme Court has determined that the defendant has engaged in malicious litigation and ordered compensation. Strictly implement the punitive damages system, refine work guidelines, and order the infringer to bear punitive damages liability of over ten million yuan at the highest level. For natural person shareholders who maliciously cancel the company's subject qualification or change the company type in litigation, they shall be added as defendants and ordered to bear responsibility in accordance with the law to avoid procedural idleness. Cultivate the concept of 'as I am in litigation'. We issued work guidelines to solve the difficulties of the parties in providing evidence, and adopted centralized court sessions, early judgments+mediation in litigation and other ways to improve the efficiency of case handling. The time for hearing patent infringement of water related heating accessories and footwear and clothing was shortened to less than 40 days. Carry out coordinated management of batch rights protection cases, proactively push the index of handling of similar cases, guide both parties to establish reasonable expectations, and promote substantive resolution of disputes. Establishing an electronic channel for the entire process between the Supreme Court and the Supreme People's Court, achieving a one click transfer of electronic files across trial levels, and accelerating the efficiency of case circulation. Implement the concept of proactive responsibility. The "one enterprise, one policy" approach is used to handle disputes arising from the recognition of ownership and transfer of rights of scientific and technological achievements, and to solve the concerns of enterprises after upgrading their technology industry through "positive incentives". Establish a priority recommendation mechanism for administrative adjudication and mediation of intellectual property disputes, and promote the comprehensive resolution of civil and administrative cases related to courts in different regions. In response to the difficulties of delivery in hundreds of rights protection cases involving a "specialized, refined, and innovative" enterprise, such as scattered defendants and unclear registered addresses of e-commerce clusters, judicial suggestions have been sent to the market supervision department to promote the strengthening of supervision and management of cluster market entities and custodian institutions. Build "three major platforms", strengthen the collaborative protection of diverse governance, dynamically aggregate administrative units, mediation organizations, industry organizations, scientific research institutions, and international organizations to participate in collaborative protection of intellectual property rights, and seamlessly connect front-end active resolution, mid-range diversified dispute resolution, and end-to-end high-quality and efficient trials. Build a cross regional intellectual property protection collaboration platform. Give full play to the advantages of cross regional jurisdiction, promote the signing of intellectual property judicial protection cooperation agreements among the courts of the three regions in southwestern Fujian, increase the coordination and handling of cross regional civil and administrative related cases, establish circuit trial courts, expand on-site inspections, circuit trials and other convenient measures for the people, and impose severe punishment on cross regional, highly secretive and long-chain malicious infringement behaviors. Establish the "Fujian Southwest Innovative Enterprise Legal and Intellectual Property Judicial Protection Alliance", build a communication platform between listed companies and "Three Highs" key enterprises in the Fujian Southwest region, establish collaborative protection and cooperation mechanisms with other municipal administrative departments, and actively serve the innovation and development of Fujian Southwest. Build a cross departmental collaborative platform for intellectual property protection. We will jointly establish the first national intellectual property judicial coordination center, and jointly issue the "Work Opinions on Strengthening the Connection between Intellectual Property Administrative Law Enforcement and Criminal Justice", "Memorandum of Cooperation on Intellectual Property Judicial Protection", "Implementation Plan for Protecting Intellectual Property Rights in the Seed Industry and Creating a Good Environment for Seed Industry Revitalization", etc. With the "judicial+administrative+X" work mode as the driving force, we will promote the formation of a strong synergy of top-down linkage, horizontal coordination, cooperation and sharing. Innovate the administrative priority resolution mechanism, promote the municipal market supervision bureau and cultural tourism bureau to prioritize the resolution of disputes that have not been filed, and establish a priority recommendation mechanism for administrative adjudication and mediation. Since 2020, 2342 cases have been delegated to platforms for mediation, with 942 cases successfully resolved, resulting in a mediation success rate of over 40%. The joint "Study Strong Country" held a themed enjoyment meeting on "Judicial Protection of Intellectual Property Rights for Private Enterprises" and "Strengthening Collaborative Protection of Intellectual Property Rights to Empower the Development of New Quality Productivity", providing suggestions and strategies for the high-quality development of enterprises and the deep transformation and upgrading of industries. Build a collaborative platform for the protection of foreign intellectual property rights. The Shanghai center for Arbitration and Mediation of the World Intellectual Property Organization (WIPO), the first domestic international arbitration and mediation organization, was fully docked, and a foreign-related intellectual property litigation and mediation docking office was set up to handle more than 900 foreign-related intellectual property cases efficiently. Referring to international practice, conclude invention patent cases that have not implemented the "Statistical Registration Management System for Appraisers and Appraisal Institutions" in the professional field regarding the issue of acceptance of relevant test results. Establish workstations in Xiamen Torch High tech Zone, Biomedical Industry Park, Integrated Circuit Industry Park, and other areas with the highest number and concentration of innovative enterprises, and establish a "one platform, six mechanisms" working model. Establish a "Intellectual Property Cross border E-commerce Grassroots Service Station" in the pilot free trade zone, establish and improve communication and coordination mechanisms with customs, free trade commission, China Council for the Promotion of International Trade, and industry associations, and create a favorable international environment for the development of new quality productivity. (New Society)
Edit:Lubaikang Responsible editor:Chenze
Source:fjtv.net
Special statement: if the pictures and texts reproduced or quoted on this site infringe your legitimate rights and interests, please contact this site, and this site will correct and delete them in time. For copyright issues and website cooperation, please contact through outlook new era email:lwxsd@liaowanghn.com