On April 25th, the Shenzhen Intermediate People's Court released the White Paper on the Reform of the "Three in One" Trial Mechanism for Intellectual Property Rights in Shenzhen Courts (2018-2023). The white paper shows that since the country took the lead in launching the "three in one" reform of intellectual property trials, after years of exploration, Shenzhen courts have formed a comprehensive, thorough, coordinated and orderly "Shenzhen model", supporting and serving the development of new quality productive forces with the power of the rule of law. In 2016, the Supreme People's Court issued the "Opinions on Promoting the Trials of Civil, Administrative, and Criminal Cases of Intellectual Property Rights in National Courts" to unify the law enforcement scale and improve the overall efficiency of intellectual property judicial protection by creating the "Shenzhen Model" for intellectual property judicial protection. This comprehensively promoted the reform of the "Trials of Intellectual Property Rights Trials". The Shenzhen court took the lead in launching the reform of the "three in one" trial mechanism for intellectual property rights nationwide in September 2010. Establish centralized and specialized judicial institutions. At present, a specialized trial system has been established, with the Shenzhen Intermediate People's Court Intellectual Property Court as the focus and 11 grassroots courts or specialized trial teams as the support. The two-level courts have comprehensively achieved centralized handling of three types of intellectual property cases. Establish a "full process embedded" technology investigation officer system. Technical investigators participated in 975 cases throughout the entire process, issued 263 comparative opinions, and the adoption rate of professional opinions on technical facts exceeded 90%. Establish a sound collaborative protection mechanism to gather protection forces. Establish communication and coordination mechanisms with administrative protection entities such as the Market Supervision Administration and Customs, such as liaison officers and joint meetings, to jointly promote the construction of a work pattern of "strict protection, large-scale protection, rapid protection, and joint protection" for intellectual property. The reform has achieved remarkable results. Since 2018, Shenzhen courts have concluded 201922, 2129, and 70 intellectual property civil, criminal, and administrative cases respectively. 19 cases have been rated as typical cases in national courts, and experience measures such as "taking the lead in forming the strictest intellectual property protection system" have been promoted three times nationwide by the National Development and Reform Commission. The punitive damages amount to 240 million yuan. In the practice of intellectual property cases, low compensation is a prominent issue reflected by society. The reporter noticed that the two sets of data disclosed in this white paper indicate that intellectual property protection has truly caused infringers to pay a heavy price. One is to severely punish acts of infringement and counterfeiting in accordance with the law. In recent years, Shenzhen courts have issued a total of 59 cases with a compensation amount of over 5 million yuan, with a total compensation amount of 650 million yuan. Among them, 19 cases with a compensation amount of over 10 million yuan have been awarded, with a total compensation amount of 417 million yuan. The second is to fully implement the punitive compensation system for intellectual property rights. Since the release of the first national judicial guidance document on punitive damages for intellectual property civil infringement in November 2020, a total of 48 judgments on punitive damages for intellectual property have been made, with a cumulative compensation amount of 240 million yuan, significantly increasing the cost of infringement and causing serious infringers to lose more than they deserve. "Strict Protection" Helps the High Quality Development of the Digital Economy "Airpods" and "Airpods Pro" The trademark owner is Apple Inc
Edit：Lubaikang Responsible editor：Chenze
Source：sztqb.sznews.com
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