“in 2022, the people's court, guided by xi jinping's new-era chinese socialist ideology, fully implemented the 20 fundamentals of the party, studied in depth the idea of xi jinping's rule of law, continued to improve the quality of intellectual property trials and the credibility of the judiciary, continued to develop a professional trial system, and increased the effectiveness of the service party and the state.” on the morning of 20 april, the supreme people's court held a press conference on the intellectual property promotion week, during which the vice-president of the supreme people's court, mr. Tau kae, gave an overview of the judicial protection of intellectual property rights in the people's court in 2022, opening the beginning of the current year's intellectual property promotion week。
Following the theme “strengthening the rule of law guarantees of intellectual property rights and strong support for comprehensive innovation”, the supreme people's court issued a summary of the judicial protection of intellectual property in chinese courts (2022), a summary of the annual report on intellectual property cases (2022), 10 major intellectual property cases in 2022 in chinese courts and 50 typical intellectual property cases, launched the “beijing action plan for the judicial protection of intellectual property rights” campaign, and screened 12 typical technical-type intellectual property appeals in rounds, holding 7 public hearings. The series of awareness-raising activities has sent a strong signal of the people's courts'strong support for comprehensive innovation。
Services secure high levels of technological innovation
“the 27 pages of ppt are brought to the attention of the full court, which clearly describes the definition of gap in claim 2.” gly's agents presented their views through the ppt。
On 23 april, the intellectual property court of the supreme people's court held a public hearing in five cases in the series of appeals concerning the invalidity of patent rights and tort of inventions by ox and gly。
During the nine hours of the trial, the attendance of the hearing was characterized by the seriousness of the hearing and the adversarial nature of the proceedings, by the attitude and determination of the supreme people's court to protect innovation。
The journalists learned that the 12 cases that were selected for this week of publicity were selected in a combination of key factors, such as the meaning of the law, the subject and subject of the case, and the technical areas involved, with some salient features. For example, there are a large number of administrative cases, which typically involve the application of the law; a large number of cross-cutting cases of patent civil and administrative proceedings, which can demonstrate the advantages of a centralized mechanism of appeal for intellectual property cases at the national level to hear related cases; a wide range of technical areas, ranging from high-tech products to items related to the daily life of the population, and the importance of advocacy for the rule of law; and a large number of foreign cases, well-known enterprises and a high level of social interest。
One of the special features of this awareness week is the fact that the head of the court personally handles the case. With the exception of the first cases, there are three sections of cases headed by a presiding judge。
According to the vice-president of the intellectual property tribunal of the supreme people's court, who presides over the day-to-day work of the chamber, lin zhonglin, the supreme people's court held seven public sessions during the communications week, in which the case of invention of patent technology accounted for five cases, and two of which concerned new plant varieties and computer software. Also during this isp week, the supreme people's court issued 10 intellectual property cases and 50 typical intellectual property cases in 2022 in chinese courts, including 11 technical cases involving violations of technological secrets, rights to new varieties of plants and patents on inventions。
Protecting intellectual property rights is protecting innovation. In 2022, the supreme people's court continued to strengthen the judicial protection of intellectual property rights in key areas, core technologies and emerging industries, safeguarding the legitimate rights and interests of the subjects of innovation, stimulating innovation and dynamism, and safeguarding services to win the battle for key core technologies —
Finalization of the country's first drug patent-linking case, promotion of the completion of the drug patent-linking system and selection of the “ten nominations for 2022 for a new era of promotion of the rule of law”。
The trial of the case of a technical secret violation of the “prospecting of hydrocarbons” has released a strong signal to strengthen the protection of technical secrets。
In two cases concerning the link between the patent and the technical secrecy of “hotamine” the defendants were ordered to pay a total of $218 million in financial losses to the rights holders, reflecting a strong judicial orientation to protect scientific and technological innovation。
Invigorating innovation and creativity throughout the nation
In 2022, the ten major intellectual property cases in chinese courts were published during this week of publicity。
Hangzhou's eldest son, cultural development ltd., has been selected for the “ten major cases” in the case of the copyright violation dispute between guangzhou's chief son. The case was revised by the supreme people's court, which found that the works in question were commissioned and that copyrights and other intellectual property rights other than the right to sign belonged to visual comics。
President lin guanghai, president of the third chamber of the supreme people's court, told journalists that the case identified the criteria for the evaluation of the commissioning of works, work by legal persons and work by a special position, as well as the methodology for the analysis and identification of the evidence of ownership, and provided references to the protection of the rights of the author of a work in a particular historical context. It was of positive significance in stimulating the creation of cultural innovations, supporting the wide dissemination of outstanding cultural works and promoting the high-quality development of cultural industries。
In recent years, the supreme people's court has continued to take stock of the experience of trials, organize joint research by local courts, draft judicial interpretations of copyright, promote harmonization of standards for the adjudication of copyrights, bring cases before the law, revise cases, deepen case guidance, improve the quality of copyright trials and improve the administration of copyrights in the new era。
The investigative practice of the courts of various regions has also been incorporated in the state of judicial protection of intellectual property in chinese courts (2022), published during this week of publicity -
The beijing high people's court has developed a response to the determination of the criteria for licensing fees in case of photo infringement, promoting uniformity in the adjudication of photographic infringement cases in the district。
The hubei court has been active in promoting certiorari in the trial of copyright-based cases, significantly reducing the trial cycle。
The sichuan provincial high people's court and the chongqing city high people's court jointly issued minutes of the meeting to harmonize standards for adjudicating cases of violation of the right to information networks。
The higher people's court of heilongjiang province, together with nine other entities such as the provincial copyright authority, sign circular documents on combating violations of copyright, strengthen coordination and strengthen criminal protection of copyright。
The beijing intellectual property court has managed the chinese academic documentation network database's inter-enterprise torts case series, which has resulted in more than 1,000 city-wide conciliations to properly resolve potential disputes。
Change thinking and innovation practices behind the bright-eyed report card
The quality of intellectual property cases continues to improve, the system of specialized intellectual property trials is being further refined and the overall protection of intellectual property rights is gradually being strengthened。
The people's court's intellectual property trial handed over a report card from sundy. Behind this is the persistence of the people's courts to solve the challenges of reform, to protect innovation in innovative ways, to improve the system of intellectual property litigation, to deepen the “triangular” reform of intellectual property trials, and to comprehensively advance the modernization of the intellectual property justice system and judicial capacity. The people's court has walked out of a path of judicial protection of intellectual property with chinese characteristics。
The bright spots and innovative experiences of intellectual property justice reform presented by the vice-president of the supreme people's court at the press conference of the week of publicity for intellectual property rights have been of great interest to all sectors of society
The reform of the placement of the trial-level functions of the four courts has been fully implemented. The supreme people's court formulates judicial interpretations, optimizes the rules governing the centralization of civil and administrative cases of intellectual property in the first instance, improves the system of judicial protection of the sciences, rationalizes the trial functions of the courts of the fourth level and optimizes the allocation of judicial resources. At present, there are 558 grass-roots courts with jurisdiction in civil cases of intellectual property throughout the country, and the vital function of people's courts in resolving conflicts has been further developed。
The system of specialized intellectual property trials continues to be robust. The supreme people's court continuously improves the mechanism for the review of intellectual property cases at the national level, optimizes the processing of applications for reconsideration, strengthens supervision guidance and ensures the correct application and harmonization of laws. In 2022, the supreme people's court renewed the establishment of the intellectual property tribunal of the wuxi, xuzhou and quan oblasts, with a system of specialization based on the intellectual property jurisdiction of the supreme people's court as a guide, four intellectual property courts as a model, 27 local intellectual property courts as a focus, and a system of specialization supported by the intellectual property courts of the local people's courts at all levels。
The “triangular” reforms have advanced further. The supreme people's court has stepped up its guidance and promoted reform of the intellectual property “triple” justice system in 25 high courts, 236 intermediate courts and 275 grass-roots courts throughout the country; it has studied the development of criminal justice interpretations, harmonized standards for the application of the law, drafted drafts of criminal justice interpretations of intellectual property in conjunction with the supreme people's procuratorate and consulted the community publicly。
Increased synergy with the executive branch. In 2022, the supreme people's court and the state copyright authority established an online mechanism for “general-to-general” cross-fertilization of complaints in the area of copyright protection; local courts and administrative authorities conducted judicial confirmations of complaints and administrative mediation agreements; and intellectual property disputes were effectively resolved in 30 regions of the country through the full coverage of intellectual property mediation organizations。
During this week of publicity, the supreme people's court launched a parallel event entitled “the beijing platform for the judicial protection of intellectual property rights”, in which media journalists from central and local media outlets entered the beijing court and related enterprises, reporting from a variety of angles on the high-quality development of the capital with high-quality mediation services and pioneering rules leading to new technologies。
The activities of the supreme people's court's intellectual property awareness week were excellent, giving the public a home-grown lunch on the rule of law. On the new journey, the people's court's intellectual property trials will continue to be guided by the chinese socialist philosophy of xi jinping's new era, accurately grasping the general requirements of the new era's intellectual property trials, and will fully play their role as intellectual property courts, speaking of political considerations, promoting justice and efficiency, and contributing to the full building of a modern socialist state and to the comprehensive promotion of the great revival of the chinese nation. (reporter wang lili)
