In a case of a commercial secret dispute in the field of medicine, the rights holder considered that his business secret had been violated and the alleged violator denied it. In this case, it is particularly important to identify whether the information claimed by the rights holder is not publicly known, and whether the information of the alleged infringer is the same or the same as that of the non-public information of the right holder. The court provided three intellectual property identification bodies, selected to provide technical evidence for court trials without contact with rights holders and alleged infringers, through technical analysis. On the basis of forensics, intellectual property identification further advances the application of identification techniques in the handling of intellectual property disputes. For a long time, intellectual property forensics, technical investigators and expert assistants have provided technical support for intellectual property justice. Judicial valuation of intellectual property is distinct from technical investigators, expert auxiliaries, providing expert opinions from an independent and objective point of view and as evidence to help judges to clarify technical facts。
“intellectual property identification can provide a better scientific basis for the adjudication and adjudication of intellectual property disputes, thereby contributing to a fair and equitable enforcement of intellectual property rights and contributing to a favourable business environment.” recently, at the inaugural meeting of the professional commission on intellectual property accreditation of the chinese institute of intellectual property research (hereinafter referred to as the panel), the deputy director of the national intellectual property administration, zhou zhou zhou zhou zhou, expressed the hope that the panel would serve as an important platform for professionalizing and regulating the intellectual property identification industry, serve as an important base for the development and development of intellectual property experts, build capacity for the identification of intellectual property violations, develop a broad protection landscape and provide better technical support for intellectual property protection。
Identification of technical facts, provision of technical support
Intellectual property identification means the identification and analysis of specialized technical issues in intellectual property rights and related disputes, and the provision of expert advice, using professional knowledge and skills, by qualified institutions and experts. Intellectual property rights have been recognized as providing professional technical support to the public security, prosecutor's offices, courts, etc. In dealing with cases of patents, trademarks, copyrights, trade secrets, etc。
“in recent years, as intellectual property judges, we have experienced a growing number of complex cases of intellectual property doubts as we have made breakthroughs in sophisticated and frontier technologies in the fields of biology, medicine, materials, communications, integrated circuits and so forth.” “the role played by intellectual property identification in intellectual property disputes, particularly in the technical and technical findings of difficult and complex cases, has become increasingly important, according to the president and director of the technical investigation unit of the beijing court of intellectual property”
“intellectual property identification, as one of the means of identifying technical facts, has played a crucial role in clarifying the complex technical problems of the case and has enhanced the neutrality, objectivity and scientific nature of technical fact-finding.” qin yuan, a judge of the supreme people's court, has made it clear. According to statistics, we have produced more than 10,000 identification reports since the beginning of the intellectual property validation exercise。
In addition to providing technical support for the administration of justice, in 2019, the national intellectual property authority began a pilot project on the development of a technical support system for the identification of intellectual property rights violations, promoting the application of intellectual property rights to technical findings of administrative law enforcement。
In november last year, the central office of the communist party and the office of the state council issued an opinion on strengthening protection of intellectual property rights, in which it was clearly stated that it would explore capacity-building for the identification of intellectual property violations, study the establishment of a system for assessing the harm caused by such violations, and further strengthen the professionalization and normativeization of forensic bodies. This fully reflects the importance of intellectual property identification in raising the level of intellectual property protection。
“it can be said that intellectual property identification has played an important supporting role in shaping the larger intellectual property protection landscape, which combines administrative enforcement, judicial proceedings, arbitration and so forth, and in raising the level of intellectual property protection over time. Zhou zhou zhou said :。
Establishment of industry organizations to address development dilemmas
“the development of the intellectual property identification industry has been hampered by the rehabilitation of institutions other than forensics, physical evidence, audio-visual data and environmental damage identification, as well as by the lack of uniform standards in the intellectual property identification industry itself, which makes it difficult to meet the needs of technical factual findings in the administration of justice and administrative enforcement.” in an interview with a journalist, su jingqing, vice-minister of the chinese institute for intellectual property research and head of the beijing state intellectual property centre, said that intellectual property identification was later developed than other accreditations and that there had been no national industry organization. The lack of specialized accreditation standards for intellectual property rights has resulted in inconsistent procedures and methodological details among the various bodies involved in the identification process, affecting the authority of the appraisal。
“in order for ipr identification to underpin strong ipr protection, it must have its own professional committee.” xie xiaoyong, deputy secretary-general of the china institute of intellectual property research and director of the accreditation panel, said that the china institute of intellectual property research (cipr) had fully assumed its role as a communication platform and bridge link, and had established an accreditation panel with more than 20 accreditation bodies and 280 experts from the accreditation industry。
The purpose of the commission is to promote the specialization of technical factual findings in the field of intellectual property protection, to act as a technical support for intellectual property identification in judicial proceedings, administrative enforcement and arbitration proceedings, to raise the level of intellectual property protection and to contribute to the development of a pluralistic intellectual property dispute resolution mechanism. “intellectual property identification has a unique advantage in respect of intellectual property disputes and the technical facts of the case, and the work of the panel not only plays a role in the judicial field, but also actively provides technical support for the administrative enforcement of intellectual property rights, arbitration, etc..” thank you, xiao yong。
According to guo xue, vice-president of the institute of intellectual property of the people’s university of china, the establishment of the commission of experts on intellectual property is of great importance in raising the level of intellectual property protection. “as of now, the institute of intellectual property accreditation is in its early stages。
“the establishment of the ad hoc commission on accreditation, which was created in response to the market economy and the need to strengthen intellectual property protection, marks the institutionalization and regularization of the intellectual property identification industry.” the secretary-general of china's intellectual property research council (iprc), chen yan, stated that the commission would then be proactive in serving the broader issue of intellectual property protection. It would press ahead with the development of standards for the identification of intellectual property rights, continue to strengthen self-regulatory practices in the industry, and endeavour to promote the professionalization and normative development of the intellectual property rights industry. (reporter lee zing)
