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Law

Adding legal momentum to the overall protection of intellectual property rights

2024-04-25   

On April 26th, we will celebrate the 24th World Intellectual Property Day. In today's booming development of new technologies and formats, intellectual property is closely related to innovation and the market, and is closely related to the goal of accelerating the development of new quality productive forces. The issue of protecting intellectual property has also been given new historical significance. New productive forces play a leading role in innovation, breaking away from traditional economic growth methods and development paths of productive forces. They possess advanced productive forces characterized by high technology, high efficiency, and high quality, and are in line with the new development concept. As a result of human intellectual labor, innovation is one of the necessary conditions for the emergence of intellectual property rights. Therefore, protecting intellectual property rights is protecting innovation, and protecting innovation is serving to accelerate the development of new quality productive forces. With the emergence of future industries in the fields of metaverse, artificial intelligence, biological manufacturing, future networks, and new energy storage, we are experiencing a new round of technological revolution brought about by innovation and witnessing the necessity of intellectual property protection to stimulate innovation vitality. Since the implementation of the Trademark Law in 1983, through continuous exploration and improvement, China has embarked on a path of intellectual property protection with Chinese characteristics. Based on the new stage of development, the high-quality development of intellectual property will provide strong support for the construction of a new development pattern, and further strengthening the legal protection of intellectual property rights has become an important part of the construction of a large-scale intellectual property protection work pattern. In recent years, in order to strengthen the legal protection of intellectual property rights and encourage innovation and creation, political and legal organs have faced challenges and actively taken action in the face of new situations and problems, insisting on ensuring that "true innovation" is protected. The Supreme People's Court has established a specialized trial system for intellectual property related businesses, focusing on key technologies in key areas and increasing the legal protection of intellectual property in key areas and emerging industries such as original innovative technologies and seed sources through the release of typical cases and the establishment of cooperation mechanisms; The Supreme People's Procuratorate pays attention to the improvement of the comprehensive performance ability and professional level of intellectual property procuratorates, formulates and issues the "Guidelines for Handling Intellectual Property Cases by People's Procuratorates", proposes 45 procuratorial measures, issues comprehensive protection guidance cases, and provides guidance for the handling and performance of cases by procuratorial organs at all levels; By forming a professional team to combat crimes of intellectual property infringement and continuously carrying out special actions such as "Kunlun", the Ministry of Public Security guides local public security organs to file and investigate a series of criminal cases of intellectual property infringement. Combined with "benefiting the people and enterprises" research and visits, the efforts to continuously increase the crackdown on crimes of infringing on scientific and technological innovation achievements such as counterfeiting patents and infringing on trade secrets will be strengthened; In order to improve the diversified resolution mechanism of intellectual property disputes, the Ministry of Justice and the China National Intellectual Property Administration strengthened cooperation. In addition to the joint issuance of the Opinions on Strengthening the Mediation of Intellectual Property Disputes, they also recently jointly carried out the first batch of pilot projects for the standardization of administrative adjudication of patent infringement disputes at the municipal and county levels, further pooling the synergy of protection. New technologies have given rise to new forms and models of business, resulting in more complex and diverse forms of infringement and criminal activities. Intellectual property infringement has shown characteristics such as expanding the field, networked carriers, and new models. Market entities have a stronger and more urgent demand for intellectual property protection. New challenges call for new opportunities

Edit:Ying Ying Responsible editor:Shen Chen

Source:http://www.legaldaily.com.cn

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