In order to fully implement the 20-year spirit of the party, the supreme people's procuratorate's office's opinion on strengthening the rule of law in the network of public prosecutions of the new age, and in the context of the overall effort to strengthen the legal supervision of the public prosecutor's office of the new age, plans and promotes “specialized monitoring of malicious proceedings against intellectual property rights in accordance with the law”. On 24 april 2023, the university of the chinese academy of social sciences, the fourth division of the beijing municipal people's procuratorate and the beijing railway transport prosecutor's office jointly organized the “seminar seminar on the inspection of malicious proceedings in intellectual property” of the 2023 network. The meeting was chaired by members of the fourth division of the beijing people's procuratorate, the deputy attorney-general, chang guoxuan, and the executive director of the centre for research on the rule of law on the internet at the chinese academy of social sciences。
Statements
In his speech, song, deputy director of the office of the public prosecutor of intellectual property of the supreme people's procuratorate, stressed that the first step was to gain a deep understanding of the need to strengthen the protection of intellectual property on the internet and to protect innovative development. While technological innovation on the internet offers opportunities for our economic development, there is an urgent need to increase the capacity and level of intellectual property protection in the internet. The second is to gain insight into the changes in juridical concepts and rules resulting from the application of new technologies. Technological advances also require more technology input from platform providers, as well as increased due diligence obligations. Prevention and avoidance of overly broad application of the principle of technology neutrality to the detriment of consumers and the public interest in society. Third, there is a deep understanding of retrospective governance in a web-based environment, with the joint efforts of internet enterprises, the judiciary and all sectors of society. Today's findings will help to build bridges between ideals and reality, allowing prosecutors to play a greater role in internet governance and to contribute more prosecutorial wisdom and strength。
In his message, lin wai, vice-president of the university of the chinese academy of social sciences, stated that the 20 major reports of the party placed the highest priority on countries with strong talent, education and technology, and that the protection of intellectual property rights was one of the important measures for achieving the dream of a powerful country. It is hoped that the university of the chinese academy of social sciences, the fourth division of the beijing municipal people's procuratorate and the beijing railway transport prosecutor's office will continue to deepen their areas of cooperation, focus on the healthy development of the digital economy, protect and regulate digital technology, the digital industry, digital assets and the digital market in accordance with the law, exclude competition in the market for the abuse of intellectual property rights, hinder innovation, etc., and strictly combat and regulate them in accordance with the law. New results in the field of intellectual property are being continuously introduced through closer cooperation through enhanced prosecutorial theory and practical research。
The chief of the fourth division of the beijing people's procuratorate, the attorney-general, dao-rang, the chief of the beijing railway transport prosecutor's office, and the chief of public prosecutor, song hongwei, delivered successive messages。
Keynote address
This is liu xiaochun, executive director of the centre for research on the internet and the rule of law at the university of the chinese academy of social sciences, who made a presentation on the status and regulation of malicious intellectual property complaints on the electro-provisional platform
Figure: chief of the intellectual property inspection office, fourth branch of the people's procuratorate, beijing, on legal interpretation and prosecutorial response to malicious proceedings of intellectual property rights in the internet
This is jing lin, deputy director of the fourth department of public prosecution of the beijing railway transport prosecutor's office, who spoke on the issue of malicious proceedings against intellectual property on the internet in the public domain
Statements by business representatives
The representatives of the participating enterprises spoke about the status of malicious complaints and proceedings against intellectual property rights on the internet, describing the current situation of malicious actions against intellectual property rights on the internet。
Liu yahoo, senior adviser for dispute resolution, ministry of legal compliance and intellectual property of the kyoto group: almost one third of the cases brought against kmt are for commercial advocacy, which includes malicious advocacy. Malicious litigation of intellectual property rights and co-governance are the best routes to alleviate current difficulties. It is proposed to strengthen source governance, to take full advantage of the multiplicity of subjects, and to establish a regulatory and regulatory system for the industry that will fundamentally regulate abuse of rights。
The expert at the ali centre for the study of security cybercrime, li hui chong, proposes to raise the cost of violations and explore punitive compensation mechanisms; to regulate malicious acts by means of public service litigation in the field of anti-improper competition, and to guide the perpetrators to regulate their operations; to strengthen the efforts of the various parties, to establish a “blacklist” mechanism for perpetrators of malicious proceedings, to stop them at the front end of the register, to prevent and control them at the centre and to punish them at the back end。
Zhang qinghui, senior manager of the department of justice of the 100-degree group: it is recommended that the public prosecution service establish a platform for the collection of information on malicious proceedings. In terms of retroactive governance, one of the root causes of malicious actions against intellectual property rights is the proliferation of fraudulent business licences, trademark certificates, soft certificates and even a growing black industrial chain, which infringes on a wide range of public interests and seeks the attention of the public prosecutor's office。
The director of the governance litigation unit of the via group platform, wang ben: malicious complaints and malicious litigation not only harm the individual interests of the claimant, but also divert resources from intellectual property protection that should be used for legitimate interests. It is recommended to enrich the platform's governance tools and enhance its capacity; external expectations are that legislation will incorporate a system of reverse behaviour preservation and balance interests between knowledge rights and businesses。
Jo jing, expert legal adviser to the quest group: from the point of view of a patent malpractice suit, give an account of the practical response to a malicious suit in practice. There are now “patent hooligans” whose purpose is to obtain a settlement, whose patent rights are based on faulty or unprovoked complaints, supporting the prosecution service in its attention to the issue of malicious actions in the area of intellectual property rights and in its special efforts to cooperate actively with the prosecution service in the transfer of cases, investigations and research。
Exchange workshops
Expert presentations were made on the issue of legal penalties for malicious proceedings against intellectual property rights on the internet, providing academic input。
Professor duyong, faculty of law, central university of finance and economics: the seminar was important for the ecological construction of internet platforms. In response to malicious complaints and litigation of intellectual property rights on internet platforms, in addition to traditional forms of supervision, public interest litigation under the competition law system is a very good path, but there is a need to adhere to the principles of prudential supervision and typification. It is expected that the fifth amendment to the trademarks act of the people's republic of china will provide the legal basis for public interest litigation by the public prosecution service in the area of trademarks。
Associate professor, faculty of law, qinghua university: malicious complaints of intellectual property and the emergence of malicious suits are systemic issues that require systematic governance. It is necessary to distinguish between objective social costs and the subjective malice of the perpetrator and to impose severe sanctions for litigation with particularly obvious malice. The justice system should focus on priority areas and scope, strengthen penalties and enhance the predictability of the public in society。
Li jing, associate professor at the faculty of law of the faculty of law of the chinese academy of social sciences, made two points about the malicious suits against intellectual property rights in the narrow sense of the term: first, the regulation of malicious actions against intellectual property rights and the provision of avenues of redress to the opposite person in both procedural and substantive law. The second is the scope of the scope of prosecutorial supervision, which includes open access to information on the monitoring of malicious proceedings against intellectual property; encouraging victims to take the initiative to defend their rights in accordance with the law; and issuing prosecutorial recommendations to the competent units of lawyers or agents representing a large number of malicious proceedings。
The fourth department of the beijing people's procuratorate and the public prosecutor's office of intellectual property, lu xiaofang, have summarized the activities of the city-wide special supervision of malicious proceedings against intellectual property. It is hoped that companies with leads on malicious lawsuits will inform the public prosecutor's office in a timely manner and that the public prosecutor's office will continue its efforts in the area of comprehensive regulation of the legal exercise of investigative and verification powers, the precise definition of malicious actions, malicious actions in the trademark area and irregular applications in the patent area。
Representatives of the competent police officers of the office of the public prosecutor of intellectual property of the district attorneys ' offices and other enterprises who participated in the meeting also exchanged questions and practices relating to malicious proceedings against intellectual property rights in the workplace, as well as methods of identifying monitoring leads in the big data legal monitoring model。
Statement by the representative of the people's republic of china
In recognition of the work done by the public prosecutor's office in the area of network governance and the legal punishment of malicious actions, the beijing municipal congress, the director of the honda law office and the ishioyama bar association made two recommendations: first, to draw a precise distinction between the concept of “moral complaints” and “false proceedings” and, to the extent possible, to establish objective criteria for “moral” in order to truly achieve the legislative objective of protecting intellectual property rights; and second, in practice, since it is difficult to establish a case for false prosecution charges, it is difficult for rights-holders to defend their rights through criminal prosecution and to recommend that the public prosecution service further strengthen its investigative oversight。
Summary of the forum
The seminar brought together guests to work extensively on the deep-seated issues of malicious suits over intellectual property rights in the internet and to reach consensus to achieve the desired results. Strengthening the rule of law in the network of the new era is a necessary requirement for a fully rule-of-law state and an important task in building a networked state. The 20th congress of the party has placed new and greater demands on strengthening the legal oversight of the prosecution service, which has a greater responsibility in promoting the rule of law in the new era。
One is to continue to deepen co-building mechanisms. The seminar served as a new starting point for strengthening the protection of intellectual property rights in internet enterprises through the integrated development of intellectual property inspections and the further development of synergy mechanisms with universities and internet enterprises. The prosecution service is required to allocate resources in a demand-driven manner to achieve complementarities, resource-sharing and mutual reinforcement through joint research teams, joint declaration of priority topics and academic theory。
Second is the development of a mechanism for sharing data and transferring leads for malicious proceedings. Full use is made of the role of large-scale data in widening the sources of information, preventing crimes, remedying violations and safeguarding the public interest, relying on the algorithmic advantages of the large-scale legal monitoring model of the public prosecution service, enabling the platform to share data on malicious complaints, malicious litigation and the detection of cases。
Third is joint participation in the governance of clean cyberspace. The public prosecution service will carry out its duties in the field of oversight of criminal, civil, administrative and public actions relating to intellectual property. It will work with universities, experts and enterprises to promote the monitoring of criminal proceedings relating to intellectual property rights。
