In november 2014, the beijing intellectual property court was established as the country's first intellectual property court and has since taken on the important task of specialized intellectual property in the trial of the bridgehead “test field”. Over the past seven years, the beijing intellectual property court has dealt with almost 110,000 cases of various types of intellectual property rights, an average annual increase of 21 per cent, more than 90,000 completed cases and 300 completed by judges per year. In particular, with the international recognition of the specialized judicial capacity and level of intellectual property rights, the number of foreign parties in the beijing intellectual property court has increased over the years, and the beijing intellectual property court is working to create an “international choice” for intellectual property disputes。
Guard the gates with medicine
Journalists are aware that, according to the provisions of the supreme people's court on certain questions of the law applicable to the examination and approval of patent-related civil cases (the consultation draft), the beijing intellectual property court will or will have exclusive jurisdiction over the first-instance civil case of patent-related public review under article 76 of the new amendment to the patent act, and will maintain the “door” for the safe use of medicines by the law。
On 15 april 2020, at 9. 30 a. M., in the press office of the court, the press speaker of the beijing court of intellectual property and vice-president of the beijing court of intellectual property, song fish, made an on-line presentation of the proceedings in the case concerning the patenting of chemicals. This special press conference has received considerable attention during special times. Chemical drugs, commonly referred to as “west medicine”, are used to treat major chronic diseases and are “graves” for pharmaceutical patents. These cases are of high technical content and complex legal application, involving well-known domestic and foreign pharmaceutical companies。
Song fish water indicated that chinese medicine played a significant role in the fight against the epidemic, but its patent protection capacity needed to be strengthened. With the global spread of the epidemic, disputes have become more frequent, especially as it has become apparent that some chinese medical developers have insufficient patent applications and application capabilities。
It was described that, in response to the problems revealed in such cases, the beijing intellectual property court had developed different responses in response to the case. In some chinese medicine-type cases, together with the characteristics and patterns of chinese medicine, the institute has elaborated the chain of patent applications, maintenance and protection so that the process of conversion of the “mixed” formula to a pharmaceutical patent can be regulated。
Creation of “international preferences” for intellectual property litigation
In december 2018, in the twenty-sixth court of the beijing intellectual property court, lawyers speaking on behalf of the chinese and samsung companies spoke with their lips and swords; under the court, misima sat with experts from both sides, senior law officers and decision-making leaders。
The presiding judge, judge ryson, introduced the case concerning a standard necessary patent, and the plaintiff, samsung, sued china in court for patent infringement, requesting an injunction - ordering the defendant to cease using the patent in question. For its part, china argued that patent technology that had been incorporated into industry standards could no longer be used once a violation had been imposed and a ban had been issued, which meant not only that all of its early inputs had been lost, but that the relevant markets had almost closed their doors。
It was pointed out that behind the rise of the sword was the pit-sawing of patent negotiations between the parties since 2011. At a time of stalemate, the two sides have unleashed many litigants around the globe, and this case has been placed in high hopes by both sides because of the commercial pattern directly related to china's huge consumer market。
To this end, the beijing court of intellectual property rights has adjusted the manner in which cases are dealt with, focusing its efforts on the establishment of a communications platform through pre-court meetings, actively involving the parties in a multi-sectoral and in-depth manner, effectively facilitating negotiations and resolving the impasse. After more than 20 consecutive days of high-intensity pre-court meetings, the parties resumed their comprehensive assessment of their business practices, with more rational expectations as to the follow-up impact of the outcome of the case on the dispute. Soon after, a good news came that samsung and china had reached a global settlement agreement on a portfolio of patent disputes, including in this case。
To date, the beijing intellectual property court, which is the first court of first instance in technical civil cases in the beijing region, has received 54 civil disputes concerning the standard requirements for patents, ranking first in the country. Fifty-one cases have now been completed, effectively contributing to a large number of internationally recognized science and technology enterprises, such as samsung, apple and gao-tung, to achieve global complementarities and cooperation。
“we have always insisted on equal protection from the middle to the foreign side, neither granting special treatment beyond the law to foreign parties nor granting special protection to domestic parties. “the secretary-general of the beijing intellectual property court, the president of the university of beijing。
Protection for quality innovation drivers
Last year, the beijing court of intellectual property settled a series of disputes between four vitae new and the right to authorise electronic maps, inc., and other cases involving disputes over navigational electronic map protection models and market values。
In accordance with the law, the court found that the national electronic map of the four-victors new company constituted a graphic (map) work, that it assigned the burden of proof in accordance with the law, taking into account the large volume of geographic information in the electronic map and the number of points of comparison, and that the defendant, 100-degree and chie-tu inc., had violated the writing rights of the four-victors news company, and that the total compensation awarded in the two cases was $75 million。
The presiding judge, chen tong, stated that the case was the maximum amount of compensation currently known in the case of copyright infringement in the country and was typical for increasing the amount of compensation for intellectual property infringement, exploring the market value of intellectual property and increasing the cost of the violation。
The proper handling of technical cases is directly linked to the implementation of national innovation-driven development strategies. According to statistics, nearly 20 per cent of the cases brought before the beijing intellectual property court were in the technical category of patents, computer software and technology secrets, and involved a new generation of strategic and emerging industries such as information technology, biotechnology, new energy sources, new materials, high-end equipment and green environment, as outlined in the national “145” plan, some of which were directly related to the protection of our country's sophisticated and forward technology。
