The operation of the appeal and review mechanism for intellectual property cases at the national level has achieved significant results
2024-02-23
On February 22nd, the State Council Information Office held a press conference to introduce the operation of the appeal hearing mechanism for intellectual property cases at the national level. Tao Kaiyuan, Vice President and Second level Justice of the Supreme People's Court, stated that after five years of practical operation, the Supreme People's Court's Intellectual Property Court has achieved a concentrated effect in establishing a national level mechanism for the appeal and trial of intellectual property cases, enriching and improving China's intellectual property judicial protection system. The trial quality and efficiency are significantly better than the pre reform trial mechanism. According to reports, since its establishment on January 1, 2019, as of December 31, 2023, the Intellectual Property Court of the Supreme People's Court has accepted a total of 18924 cases and concluded 15710 trials. The trial quality and efficiency are significantly better than the pre reform trial mechanism, fully reflecting the institutional advantages of the national level intellectual property case appeal trial mechanism and effectively strengthening the legal protection of intellectual property. Give full play to the advantages of centralized trial, effectively incentivize and ensure technological innovation. The court implements the concept that protecting intellectual property is protecting innovation, adheres to strict protection, increases judicial protection of intellectual property rights in key core technologies, key areas, and emerging industries, and promotes the development of new quality productive forces. Intensify the compensation for infringement, with an increasing number of high-value compensation cases. In 2023, punitive damages will be applied in 8 cases. Effectively maintaining fair market competition and helping to build a unified national market. The court not only effectively protects legitimate monopoly rights such as patents, but also fulfills its judicial responsibilities in anti-monopoly and anti unfair competition in accordance with the law. In multiple cases, it has been determined that the accused behavior constitutes monopoly, and the judicial interpretation of anti-monopoly civil litigation, which is responsible for drafting, is about to be released. Intensify the protection of technological secrets, with compensation awards exceeding 100 million yuan in cases such as the "Vanillin" case, the "Melamine" case, and the "Rubber Antioxidant" case. Coordinate the promotion of domestic and foreign rule of law, and serve high-level opening-up to the outside world. In multiple cases, it facilitated a comprehensive settlement between Chinese and foreign parties, using the "Eastern experience" to substantially resolve cross-border disputes. Actively exploring cutting-edge international issues and contributing Chinese wisdom to international governance of intellectual property rights. Continuously deepen reform and innovation, and continuously improve the mechanism of intellectual property litigation. The court ensures the uniformity of legal application through a professional judge conference system and regular publication of judgment highlights, typical cases, etc. Explore the collaborative trial of patent civil and administrative cases, lead the establishment of a "National Court Technical Investigation Talent Pool" and sharing mechanism, establish the first technology related intellectual property judgment database in the country, vigorously promote online litigation, and promote the improvement of trial quality and efficiency. Tao Kaiyuan said that as a new phenomenon in judicial reform, there are still issues in the operation of the court, such as the need to further optimize and strengthen its functional positioning and basic guarantees. In the next step, we will continue to improve the appeal hearing mechanism of intellectual property cases at the national level by further deepening the reform on the basis of adhering to the existing direction of reform, so as to better support and serve Chinese path to modernization. In recent years, new types of disputes involving new fields and formats such as artificial intelligence, big data, and genetic technology have emerged, and malicious litigation in the field of intellectual property has received widespread attention from society. Regarding this, Zhou Xiang, Vice President of the Intellectual Property Court of the Supreme People's Court and First Level Senior Judge, introduced that the Supreme People's Court added a new type of cause of action when revising the "Provisions on the Causes of Civil Cases" in 2011“
Edit：Yi Yi Responsible editor：Wang Chen
Source：People.cn
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
Recommended Reading Change it 
Home
