By the end of 2023, China became the first country in the world to have a domestic number of valid invention patents exceeding 4 million. The quantity and quality of technological output are increasing, and innovation and creativity are bursting with vitality... High level innovation has become a bright color for the high-quality development of China's economy. Innovation is the primary driving force for development, and protecting intellectual property is protecting innovation. Five years ago, in order to establish a national level appeal hearing mechanism for intellectual property cases, the Intellectual Property Court of the Supreme People's Court emerged. Over the past five years, the Intellectual Property Court of the Supreme People's Court has continuously explored the establishment of a trial power operation mechanism with clear rights and responsibilities, unified rights and responsibilities, orderly supervision, and open transparency. It has comprehensively and accurately implemented the judicial responsibility system and has increasingly become a booster for technological innovation, a testing ground for judicial reform, and a leader in patent trials The preferred location for international litigation... The modernization of the intellectual property trial mechanism is becoming a strong driving force for promoting the high-quality development of intellectual property work. Building a supervision and guidance "outpost" for intellectual property is a necessary requirement for innovation driven development, and the unity of judgment scales for intellectual property cases is related to innovators' perception of fairness and justice. As the specialized intellectual property court established by the highest judicial authority in China, how can we leverage the advantages of the national level intellectual property appeal hearing mechanism? "When encountering legal application issues in patent cases, one can directly search for relevant cases in the judgment database of the Intellectual Property Court of the Supreme People's Court using keywords such as' one click search 'or by using' brain maps' to search for relevant cases." Judge Luo Lang, assistant judge of the Civil Third Division of the Hunan Provincial High People's Court, told reporters that the judgment database is a "divine tool" to assist judges in hearing pending cases. ", It has become a "tool book" for the trial of technical intellectual property and monopoly cases in the courts. The Intellectual Property Court of the Supreme People's Court has carried out a series of guidance work to improve the quality and efficiency of trials for technology related intellectual property cases nationwide, and has established an effective guidance mechanism. With the help of technological means, the court has created the first domestic database for judging technology related intellectual property and monopoly cases, integrating online trial resources to achieve "one database aggregation and one click query" of judgment rules, development and reform analysis, typical cases, notification feedback, meeting minutes, trial dynamics, rules and regulations, etc. The database is open to use by online courts through hierarchical classification, uploading judgment rules, typical cases, development and reform analysis, etc More than 7000 pieces of data including case handling tips. Development and reform cases refer to cases where the second instance court discovers errors in factual determination, legal application, litigation procedures, etc., and sends them back for retrial or a revised judgment in accordance with the law. This is not only a direct supervision and correction of the first instance court, but also an important tool for the higher-level court to guide the lower level business. "Development and reform cases are of utmost importance in guiding the court," the relevant person in charge of the Intellectual Property Court told reporters. The court analyzes, categorizes and interprets development and reform cases case by case, provides specialized training, and conducts special consultations and consultation style guidance for courts with high appeal and reform rates. As of now, the Intellectual Property Court has accumulated more than 665000 words of analysis reports on development and reform cases, and has become the first tier court. Between 2019 and 2023, the second instance case change rate for technology related intellectual property and monopolistic civil entities was 1%
Edit：Jia jia Responsible editor：Yi Yi
Source：http://rmfyb.chinacourt.org
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