On the occasion of the 25th world intellectual property day, the zhengzhou public prosecution service handed over a short-sighted report card: since the establishment of the office of the public prosecutor of intellectual property of the two courts, 363 672 persons have been examined for intellectual property violations and 704 1,485 persons have been examined for prosecution; it has helped businesses recover damages exceeding $300 million; it has promoted the value of old brand names and the development of new quality productivity such as assistive sensors and new energy sources
From institutional innovation to technological empowerment, from case-by-case to social governance, under the leadership of the new house of representatives, the zhengzhou public prosecution service, under the leadership of the zheng state attorney's office, has continued to strengthen the protection of the rule of law in intellectual property, actively integrates into the building of a single national market, contributing to the creation of a market, rule of law and internationalization of the business environment。
Build the zhengzhou model for the performance of intellectual property rights
In the office of the airports prosecutor's office's “know your airline” team, electronic screens beat case data in real time; log-in of the “wee doing business” smart letter access cloud platform, with intellectual property claims flowing from over 3,000 businesses in real time... Intelligence matching of tort leads, online consultations on compensation understanding, and risk warning dynamics have become a new normal for zhengzhou's intellectual property prosecution。
The director of corporate law is impressed by the fact that “there have been many departments involved in past abuses, and that the submissions are now online and will soon receive responses and recommendations from the zhengzhou public prosecutor”
Intellectual property cases are highly specialized, multi-regional and complex. The zheng county public prosecution service has taken the lead throughout the province in implementing reforms to centralize the intellectual property inspection function. The municipal public prosecutor's office, in conjunction with the airport districts and the metropolitan districts, has set up the office of the public prosecutor of intellectual property, which combines the four main functions of criminal, civil, administrative and public interest litigation. It has established a system of specially invited assistant prosecutors with the market regulatory authority to address professional difficulties such as commercial secrecy determinations. It has set up a cross-regional coordination mechanism for the deployment of the “customs new” strategy, with openings, among other things, to strengthen the horizontal protection of traditional and traditional culture, to establish a full chain system of judicial protection of intellectual property rights and to inject strong rule of law energy into the innovative highlands of the centre。
Highlighted at the forefront of innovation
Into the laboratory of a gas sensor enterprise, tens of millions of r & d equipment is operating at high speed。
The company had previously suffered a significant loss of more than $50 million as a result of the systematic theft of business secrets by the former executive “shadow company”. The zhengzhou airport district prosecutor's office's team, known to operate the case, had intervened in advance to direct the public security authorities to conduct a full investigation into the evidence, to secure the evidence of the crime, and the accused had been sentenced to five years' imprisonment。
In its casework, the sos team focused on promoting the establishment of a hierarchical confidentiality system for enterprises, competitive restraint dynamic monitoring systems, and firm technical protection walls from the source, allowing enterprises to maintain core competitiveness and good development。
At the same time, when the 100-year-old health-care drug was counterfeit, more than 30 unionists faced a crisis of bankruptcy. An innovative “compensation-for-authorization” programme was introduced by the public prosecutor's office of the metropolitan district: after the infringer had paid compensation for the damage, the old-named enterprise gave regular authorization to the compliance association. This ice-breaking “infringement as cooperation” is both punishing crime and keeping thousands of jobs and exploring ways to balance brand protection with market stability。
At the same time, the zhengzhou public prosecution service has focused on “digital empowerment” for the technical strengthening of intellectual property cases. In choi's case of a violation of copyright, 1788 musical works were found to have brought the case to a standstill. The municipal public prosecutor's office has introduced the technology of block chain certificates, completed the identification of all violations within two weeks and created a new model of digital copyright protection。
From justice to governance
Every year, the guangyang city pomegranate festival attracts eight tourists. However, issues such as unauthorized use of river pomegranates, inadequate protection mechanisms, delays in management and technological upgrading have affected the further development of the industry。
The public prosecutor's office of the city of xiang, acting in conjunction with the public prosecutor's office, has integrated the functions of prosecuting public interest litigation by issuing recommendations, holding seminars and formulating policy recommendations, drawing geographical indications of the “gang pomegranate” to protect the “concentric circle” and boosting the production value of the river pomegranate industry as a model for the revitalization of intellectual property in rural areas。
The zhengzhou public prosecutor's office has pioneered the “three priorities” mechanism for business-related cases throughout the province, establishing intellectual property focal points in enterprise parks, business centres, such as the zhengzhou open biomedicine park, the valley of light, etc., and resolving a cumulative number of 147 problems such as technology leakage and trademark billing。
In particular, in the case of a dispute over the ownership of a “star” trademark, the public prosecution service not only corrected a wrong case but also clarified the special rules applicable to intellectual property law。
In that case, when the insolvency representative re-sold the assigned trademark, the dispute over li's title with wu was deadlocked. The zhengzhou district attorney's office has found that the original verdict confused the recognition of property rights with intellectual property rights. The attribution of exclusive rights to registered trademarks is subject to administrative procedure and cannot be directly determined by a civil contract alone。
Following a protest by the public prosecutor's office of zhengzhou, the public prosecutor's office of henan province stated that “the trademark law, as a lex specialis, shall prevail over the mechanism of its powers”. Eventually, the high court of henan province quashed the judgement and upheld the authority of the trademark administrative register. The case was selected as a province-wide case and provided a model for justice in similar cases across the province. The national people's congress, on behalf of the national people's congress, commented that “the protection of intellectual property rights by the prosecution services allows companies to innovate, invest and develop”
From a new point of departure, the zhengzhou public prosecution service is planning to explore methods of protecting intellectual property rights in data to protect new quality productivity, such as artificial intelligence and biomedicine. Protecting intellectual property rights is protecting the flames of innovation. Zhengzhou public prosecutor will perform his duties at a higher level so that every innovative seed can thrive on the fertile soil of the rule of law。
