Innovating the Trial Mechanism to Escort High Quality Development -- A Chronicle of the Work of Changchun Intellectual Property Court

2023-03-20

Protecting intellectual property is protecting innovation, and the rule of law is the best business environment. The Changchun Intellectual Property Court takes advantage of the new model of "wisdom+rule of law" in the Changchun Smart Legal District to promote the overall situation of high-quality development in Jilin with the rule of law, fully serves to ensure innovation, entrepreneurship, and creation, and assists in the construction of a first-class legal business environment. Since its establishment in December 2018, the Changchun Intellectual Property Court has accepted a total of 14730 cases of various types, and has concluded 14425 cases, with a settlement rate of 97.93%. In 2022, it was rated as "Advanced Collective in Civil and Commercial Trial Work of Provincial Courts". Diversion of complexity and simplicity, and trial of elements help accelerate judicial efficiency. "I didn't expect that more than 20 series of cases were concluded in less than a month," sighed Yang, the plaintiff's agent. In order to allow innovators to take the "reassuring pill" of judicial protection and make the business environment and market order more fair, open, and transparent, the Changchun Intellectual Property Court has adhered to reform and innovation, and has initially formed a new intellectual property trial model that conforms to judicial laws and also has Jilin characteristics. Actively explore the reform of the diversion mechanism for complex and simplified intellectual property cases, adhere to the scientific layout, and adopt a factor based trial method for a series of cases with clear facts, sufficient evidence, and clear legal relationships. Apply the quick adjudication method to simple cases and quick trials. Since its implementation, the number of first instance cases has been reduced from 6 months to 30 days, effectively improving the parties' sense of gain and satisfaction. This reform measure was selected as a high-quality case of judicial reform in the courts of Jilin Province. Protect innovation in the form of innovation and treat it wisely. "Borrowing external brains" and "strengthening internal skills". Since 2019, the Changchun Intellectual Property Court has appointed elite technical investigators from various disciplines as intellectual property trial think tanks. Theory and practice complement each other, improving the quality and efficiency of case trials, and continuously improving the level of specialization in intellectual property trials. "I will continue to treat the work of technical investigators with high standards, conduct technical identification investigations with a rigorous attitude, and contribute my wisdom to the judicial protection of intellectual property rights in Jilin." said Qu Dawei, a technical investigator and associate professor at the School of Automotive Engineering, Jilin University. Since the joining of a technical investigation officer, both parties have basically reached an agreement on technical factual issues. In many cases, the responsibilities of both parties have been identified during the investigation stage of technical issues, making the defendant aware of their liability for infringement and actively reaching a mediation agreement with the plaintiff. Changchun Intellectual Property Court gives full play to the guiding, safeguarding, and radiating role of intellectual property trials in innovation, strengthens effective protection of core technologies and technological achievements in cutting-edge fields, strengthens strong support for the implementation of brand strategies, adheres to the judgment philosophy of respecting the market value of intellectual property rights, and strengthens the protection of highly innovative and valuable inventions and creations within the scope specified by law. Actively apply punitive damages, and in the "Haoyue" trademark infringement case, sentenced to three times the punitive damages, selected as one of the 50 typical intellectual property cases in Chinese courts in 2021. Adhere to and develop the "Maple Bridge Experience" of the new era, and strengthen cooperation with administrative departments, arbitration institutions, industry associations, and mediation organizations. On August 23, 2022, the Changchun Intermediate People's Court held the "Deepen the linkage between government and court, strengthen the governance of litigation sources, protect intellectual property rights, and promote the development of the industry"

Edit:Ying Ying    Responsible editor:Shen Chen

Source:rmfyb.chinacourt.org

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