On 17 october 2024, the beijing court of intellectual property held an international open day to focus on the achievements of judicial protection of intellectual property rights, to review the 10-year course of development and to publish the reference to qualifications documents for subjects in foreign cases (2024 edition) (hereinafter referred to as the 2024 edition of the reference) and the analysis of the jurisdictional jurisdiction of patents (2014-2024) (hereinafter referred to as the case analysis). Representatives of the embassies of denmark, france, italy, the republic of korea and the united kingdom in china, the world intellectual property organization (wipo) china office, the international trademark association (inta) beijing office, representatives of the national and beijing municipal congresses, members of the political consultative council, the supreme people's court and the beijing city high people's court were present at the meeting。
The mission of safeguarding innovation is a vivid display of development gains over the last decade
At the beginning of the event, the president of the beijing intellectual property court, liu yu, delivered a welcoming statement. The beijing intellectual property court, she said, had flourished with china's dynamic intellectual property protection, resonating with world scientific and technological progress. Over the past decade, the beijing intellectual property court has carried out its duties and mission as a specialized judicial body。
In the past 10 years, the beijing intellectual property court has been insisting on litigation facilitation services, the online filing of first-instance cases exceeding 91 per cent, the electronicization of all types of litigation material “one scan, all-round use, one-key filing, one-key appeal” to achieve higher levels of “digital justice”; the consistent strict legal protection of intellectual property rights, increasing specialized judicial capacity, and four patent cases, such as the aslicon discovery patent administration case, were recorded by the united nations conference on trade and development (unctad) and the south centre's “intellectual property and public health cases database”, about 34,000 cases were received from international organizations, leading international industry associations, global trade unions, foreign parties, and one letter of appreciation was sent to the supreme people's court to resolve an “intellectual property protection standard” case; it has been consistent with the legal and efficient conduct of all types of intellectual property cases, increasing the quality of the trials, as well as the increasing effectiveness of the international intellectual property organization's bilateral participation in the world intellectual property organization (io) meetings with the world intellectual property organization (w) and the first ever since its inception of the。
Press conference live. Source: beijing intellectual property court
Publication of the reference to the notarized certification document for the subjects of foreign cases (2024 edition)
During the press release session, the judicial committee of the beijing court of intellectual property, the president of the chamber and the second senior judge of the military service issued the reference to the notarial certification of the certificate of qualification of subjects in foreign cases (2024 edition). He explained that in december 2023, the beijing intellectual property court organized a dedicated capacity to prepare and issue a reference to the notarial certification of the certificate of qualification of subjects in foreign cases in six countries, which was accepted by domestic and foreign parties. To further facilitate the exercise of the right of action by foreign parties, the beijing court of intellectual property rights, taking fully into account the actual needs of foreign parties, further expanded its national scope and detailed content, resulting in the 2024 edition of the reference, covering 18 countries on five continents。
The 2024 edition of the reference, which is based on the law of the people's republic of china on civil procedure and its judicial interpretation, and the convention of the supreme people's court on the elimination of the requirements for the certification of foreign public documents, sets out in a systematic manner the basic principles and methods for the certification of the qualifications of subjects involved in foreign litigation. The contents of the 2024 edition, in accordance with the country-specific sections, specify the list of documents required for the certification of qualifications of subjects, the process of certification of notaries, which is practical and international in nature, and provides clear guidelines for the regulation and efficient processing of notaries of foreign parties。
10 years of specialized trial focused on the publication of a trial resolution on patent authorization (2014-2024)
Zhou littin, a member of the board of the beijing court of intellectual property, president of the first trial chamber and senior judge of the third class, published the analysis of the prerogatives of patents (2014-2024). She explained that, as an exclusive jurisdiction court for administrative cases of patent authorization throughout the country, it had been established for almost 10 years and that the cases of patent authorization before the beijing intellectual property court had been characterized by three main characteristics: the overall number of cases showed a steady increase. As of september 2024, there were 14345 administrative cases of patent authorization, an average annual increase of 5. 65 per cent. Of these, the highest percentage of cases of patenting of inventions reflects the importance of patenting of inventions to market subjects and the value of high-value patents in high-quality development. Nearly 30 per cent of the cases involved new industries in new technologies. In particular, the new generation of it-related and high-end equipment manufacturing industries accounted for the largest share, reflecting the trend towards positive patenting of new and emerging industries to improve industrial competitiveness through technological innovation. More than 20 per cent of the cases involved foreign subjects. It covers more than 100 countries and territories on five continents worldwide. The active patenting and titling of foreign entities in china reflects the attractiveness of the chinese market to global enterprises and the increasing level and protection of intellectual property rights in china。
The current edition of the case analysis, which selects 58 typical cases of patent authorization, has refined 20 case studies of guidance value, including the “a methodology for the construction of semiconductor device structures”, the “methods for the preparation of the sglt2 inhibitor”, the “methods for the manufacture of fermentation”, which are interpreted in terms of the identification of technical characteristics, the overall design of inventions, additional experimental data, the markush claims, the interpretation of claims, functional qualification features and the modification of superscopes. This reflects the following principles: first, full respect for and scientific evaluation of the technological contribution of inventions and the effectiveness of the patent system as an incentive for innovation; secondly, the precise interpretation and determination of the content of patent applications and the scope of patent protection, matching the scope of patent protection with the contribution of technology and balancing the incentives for innovation with the public interest; and thirdly, effective guidance for applicants to improve the quality of patent application documents, laying a solid foundation for the protection and application of patent rights。
The reporter of the newspaper ninjing learned that the beijing intellectual property court had been created to drive national innovation to development, accompanied by innovative nation-building and high-quality economic and social development, to stimulate innovation, protection and development with a fair trial, and to explore the chinese experience and model of judicial protection of intellectual property. In the future, the beijing intellectual property court will continue to strengthen the judicial protection of intellectual property and will contribute chinese judicial wisdom to global intellectual property governance。
I'm a reporter of the newspaper mu hong, editor of yang hai
