Juree's head is low, but he's got a lot of energy. In the morning, she often took up the case in the front hall of the beijing intellectual property court, while explaining the patent system to the parties, showing them how to organize evidence of the infringement, and helping them to file online applications in the self-service area, without any distinction. When she was free, she buried herself in technical literatures like 5gs, supercomputers, ivds, and “eat” some of the chinese and english professional terms that even she felt as an industrial student。
The creation of a case often requires the knowledge of professional issues in many different fields, which strengthens her ability to retrieve information and learn quickly. Juree, who works, needs to understand not only the cutting edge of the global communications industry, but also the progress of technological innovation in such fields as biomedical, aerospace and semiconductor。
As the “gatekeeper” of the know-how court, juree first had first-hand access to the case file, whether it was within the jurisdiction of the beijing intellectual property court, whether it met the filing criteria, whether it related to national priority industries or projects, and whether it involved global competition for “crawling” techniques。
Jule feels that good intellectual property law-making and adjudication is about judicial protection of innovation and the promotion of a sense of value and access to innovative enterprises and creative talent。
Jurey, judge, beijing intellectual property court. Interviewee for map
Here is a conversation between the news reporter and jule:
An average annual increase of 20 per cent in the number of cases received, with more than half of applications filed online
New kyoto: what is the main job of the chamber and why are you the court's “gatekeepers”
Julley: can a case file ultimately be called a “case”, whether the claim is in accordance with the law, whether the form review requirement is met, and whether a case can be formally registered is subject to our legal determination。
The beijing intellectual property court is currently a team of two judges responsible for filing cases, with 16 staff members, each reviewing over 3,000 applications per year. To date, we have had more than 20,000 cases this year, with an initial clearance rate of around 60 per cent, and the vast majority of parties can register their cases once they have been supplemented by a one-off notification sent after the first hearing。
The new kyoto newspaper: what has changed in the number and quality of cases since the establishment of the institution? What caused the change
Jule: in terms of the number of cases, the average annual increase in the number of cases received by the beijing intellectual property court is 20 per cent, reflecting an increase in the awareness of intellectual property rights defenders, whether individuals or companies。
In terms of the quality of the cases, the legal capacity and level of action of the parties has been steadily improving, and the building of specialized case-setting teams in our institution has matured and has combined to promote both the quality and efficiency of the proceedings. We are pleased to see that the system of judicial protection of intellectual property rights has been improving and entering into a stage of high-quality development。
At the institutional level, for example, the deepening and fine-tuning of the tort compensation regime and the introduction of punitive liability make it felt that the defence of rights was “worthy”. Moreover, the new patent law, which introduced a “bottom line” of 30,000 yuan in compensation, has given more impetus to rights holders to defend their rights through court decisions。
In terms of case-keeping practice, new mechanisms such as online filing, cloud courts and so forth have never been available and are being used on an annual basis as a result of the massive nationwide expansion of smart court building. For example, since september this year, we have been able to account for three quarters of all first-instance cases online, with the remaining few being mailed and window-opened, diversified and more expeditious than in the past, which is also a factor in the steady increase in the number of cases。
The reception window in the public hall of the beijing intellectual property court, where jule is receiving a call for advice. Interviewee for map
New kyoto: how does the ease and efficiency of online filing reflect
Juree: since the outbreak, the beijing intellectual property court has been promoting paperless trials and online filings, where litigants or lawyers can apply from the internet without running errands. In order to promote online filing, our filing team has studied the different features and scopes of application of the four portals of online filing, and has consolidated detailed operational steps for the launch of the all-new kyoto web development guide, which will be made available to the public through the beijing intellectual property court's official microphone public name, “know beijing”, for easy use。
Also in our case hall, a self-help area for diy has been set up, equipped with computers, scanners, etc., which can also be operated by the filers on site. More than 50 per cent of the filing applications were submitted online throughout the year. There are, of course, cases that are too complex, or where the authors themselves are willing to go to the window and submit them, and our case halls are open as long as they meet the requirements for disease control。
Services to safeguard state innovation from a judicial protection perspective
New kyoto: what difficult cases have you encountered
Julley: while 90 per cent of cases are easier to judge from the point of view of registration, 10 per cent also have a variety of complex situations, such as medicines, compounds, chips, integrated circuits, new plant and animal varieties, which are more difficult and complex technical problems, and some antimonopoly and anti-unfair competition cases have no precedent to follow. We will initiate a referral mechanism for priority cases, as appropriate, through the “quick track” model adopted by the beijing intellectual property court for trial by teams of professional judges with considerable trial experience。
Jule works. Interviewee for map
The new kyoto newspaper: how to quickly identify “challenge” and make the right decision to register a case
Jule: before i started my case, i had some seven years of technical team experience in trial support, dealt with a considerable number of technical cases, and, together with my own undergraduates in communications engineering, had some basic scientific knowledge, as well as a desire to focus on new advances, new breakthroughs, new technologies in various fields of science and technology at home and abroad. Thus, in a number of important areas of science and technology of international competition, such as aerospace, deep-sea exploration, energy exploration and smelting, chip manufacturing, industrial software design, etc., i will always use debris time to proactively retrieve and monitor new developments in these key industries and share learning with the team。
Moreover, the filing of a case requires that we have a thorough knowledge of the basis of the entire case of intellectual property, that we be able to respond in a timely and accurate manner to the wide range of grounds for prosecution and requests submitted by the parties, that we encounter irregularities, and that we be alert to legalization adjustments and that we maintain a high degree of attention and sensitivity to the topical issues of society。
The filing of cases is also highly demanding for the individual's comprehensive qualities, and sometimes three or four difficult and complex issues are dealt with in a single day, usually in accordance with the “three-step study of the suspected case”, which will be discussed by the investigating judge and lead to a clear case-setting opinion, followed by consultations with experts or the organization of meetings in the relevant areas of the trial to make timely and accurate adjustments in the light of the conclusions of the consultations or conferences. This is also the process by which i have continuously increased my level of awareness and application of the law。
With the accumulation of judicial experience, i have become more aware of the original purpose of providing services to safeguard science, technology and innovation, a country that has set up an informed court。
New kyoto: what do you think this means
Jurey: we have been studying the 20 major reports recently, based on work practices, and my learning experience has been to work hard around “three service guarantees”, namely, service security to create powerful countries, digital china, service to guarantee the overall effectiveness of the national innovation system, service to guarantee the country's success in winning key core technological battles。
For our intellectual property judges, it will be difficult and long to have a case in the “key core technology” area. It is vital to capture these “privileged” cases from the vast amount of material generated by the creation of cases. The court's decision in the technical field is not only about the outcome of a decision, but also about publicizing through the administration of justice the prevailing rules of international law, demonstrating the innovative power of our nation as a whole and actively leading the public to embrace science and technology and innovation, encouraging innovation subjects to be courageous and competent in dealing with technological difficulties. In our words, it is about achieving organic uniformity of political, legal and social effects and providing solid judicial guarantees for innovation-driven development strategies and high-quality capital development。
