Modernizing Intellectual Property Trials to Escort the Development of New Qualities and Productivity
2024-05-08
We need to start from the perspective of national strategy and the requirements for entering a new stage of development, deeply understand the scientific connotation of new productive forces, comprehensively strengthen the judicial protection of intellectual property, encourage innovation in protection, maintain fair competition, continuously improve the ability level of judicial protection of intellectual property, and provide strong judicial protection for the development of new productive forces. Intellectual property is the cornerstone of the development of new productive forces, and strengthening intellectual property protection is an inherent requirement and important guarantee for the development of new productive forces. The people's court is an important force in protecting intellectual property rights. We need to start from the perspective of national strategy and the requirements for entering a new stage of development, deeply understand the scientific connotation of new productive forces, comprehensively strengthen the judicial protection of intellectual property, encourage innovation in protection, maintain fair competition, continuously improve the ability level of judicial protection of intellectual property, and provide strong judicial protection for the development of new productive forces. Continuously updating the concept of intellectual property adjudication and safeguarding the development of new quality productive forces. With the development of new technologies, fields, formats, and models, the field of intellectual property is becoming more active, and new types and cases of intellectual property are constantly increasing. The professionalism of intellectual property trials is increasing, bringing new tasks and challenges to judicial protection. In this regard, we must accurately grasp the characteristics and laws of innovation in judicial cases, comprehensively and accurately grasp the spirit and principles of intellectual property law, and fairly try multiple types of intellectual property cases in accordance with the law, actively serving innovation driven development. We must strictly and fairly protect intellectual property rights, adhere to the principles of legal protection and equal protection, strengthen the protection of intellectual property rights and fair competition, fully leverage the rule leading and value guiding role of intellectual property trials, and create a good rule of law market order. For some areas with high incidence of malicious infringement and disputes, comprehensive use of criminal, civil, and administrative litigation procedures, and the application of punitive compensation systems, temporary injunctions, compulsory measures, and criminal accountability measures in accordance with the law, fully exert the institutional effectiveness of compensation, incentive innovation, and obstruction of infringement, so that enterprises brave in research and development can enjoy the market dividends brought by intellectual property innovation. To prevent the abuse of rights in accordance with the law, intellectual property can not only stimulate innovation, but also limit the innovation ability of others. Abuse of power or malicious litigation not only harms the normal market economy order, but also seriously disrupts the trial order and damages judicial authority. Therefore, we need to accurately grasp the relationship between legal protection and promoting innovation, clarify the legal boundary between effective protection of intellectual property and regulation of abuse of market dominance, and promote innovation and development of intellectual property protection under norms. We need to strengthen the concept of active trial, guide parties to actively and comprehensively provide evidence honestly, actively apply rules such as obstacle exclusion, evidence preservation, and judicial appraisal in accordance with the law, timely transfer the burden of proof, reduce the burden of proof on rights holders, improve the system of technical investigators as the basis, and use expert assistance, expert jury, technical consultation, and technical appraisal as important groups
Edit：Jia jia Responsible editor：Wang Chen
Source：http://rmfyb.chinacourt.org
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
