Frog. Number 34
Supreme people's court
Views on strengthening judicial protection of intellectual property rights in chinese medicine
In order to follow up on the party's 20 main ideas, the central party, the state council's major decision-making on the revitalization and development of chinese medicine, and the programme for the construction of an intellectual property power (2021-2035), all-round strengthening of the judicial protection of chinese medicine's intellectual property rights, the promotion of chinese medicine's excellence, the maintenance of positive innovation, the promotion of high-quality chinese medicine and industry development, and the formulation of this opinion。
I. Achieving the right direction in order to accurately grasp the overall requirements of the new era for strengthening judicial protection of intellectual property rights in chinese medicine
1. Guidance. Guided by xi's philosophy of china's special socialism in the new era of xi jinping, we have fully implemented the 20 fundamentals of the party, followed closely xi's philosophy of the rule of law, studied carefully the important instructions of xi jinping's general secretary on chinese medicine work, learned the decisive importance of “two-building”, strengthened “four consciousness”, firmly “four self-confidence” and “two preservation” and pursued the theme of promoting high-quality development, continuously raised the level of judicial protection of chinese medicine's intellectual property rights in the new phase of the new era, promoted the development of innovation in chinese medicine and medicine, promoted china's excellent traditional culture, advanced healthy china, and provided a strong judicial service for the comprehensive renewal of the chinese nation through china's modernization。
Basic principles. Insisting on a people-centred approach to the full functioning of the judiciary, promoting the upgrading of chinese medicine services, making better use of the unique advantages of chinese medicine for disease prevention and treatment and better protecting the health of the population. (c) continue to promote innovation, build on the development needs of medicine in the new stage of development, improve the judicial protection system for intellectual property rights in chinese medicine, promote effective interface between traditional knowledge protection of chinese medicine and modern intellectual property systems, and contribute to the modernization and industrialization of chinese medicine. To uphold strict protection under the law, to correctly apply laws and regulations such as the civil code, the intellectual property sector act and the chinese medicine act, to effectively uphold social justice and the legitimate rights and interests of rights holders, to enforce punitive compensation for intellectual property rights, and to promote creative transformation and innovative development of chinese medicine. To maintain fair and reasonable protection, to determine the boundaries of rights and the manner of protection of intellectual property rights in chinese medicine, and to ensure that the scope and intensity of protection are commensurate with the contribution of chinese medicine technology, and to promote the continuous growth of innovation in chinese medicine。
Ii. Strengthening the judicial function and improving the overall level of judicial protection of intellectual property rights in chinese medicine
3. Strengthening patent protection for chinese medicine. The rules for the judicial protection of patents in the field of chinese medicine have been improved by following the pattern of chinese medicine development and by accurately capturing the innovations in chinese medicine. (c) properly capture the characteristics of patents on different subjects, such as chinese combinations, chinese withdrawals, chinese pharmaceutical formulations, chinese medicine preparation methods, chinese medicine equipment, medical applications, strengthen judicial review of administrative acts authorized by chinese medicine patents in accordance with the law, promote harmonization of administrative enforcement standards with those of judicial decisions, and continuously meet the needs of chinese medicine patent protection. The scope of patent protection for chinese medicine should be properly determined, taking into account traditional chinese medicine theory and industry characteristics, and the criteria for tort determination should be improved. Strict implementation of early resolution mechanisms for pharmaceutical patent disputes and promotion of timely resolution of chinese drug patent infringement disputes。
4. Strengthening the protection of commercial markings of chinese medicine. Strengthening the judicial protection of the famous brands, traditional brands and old titles of chinese medicine, in order to properly address historical legacy issues and promote the development of chinese medicine brands. Criminalization of malicious registration of trademarks in the field of chinese medicine, firm prosecution of malicious actions, suppression of abuse of rights and efforts to create an honest and faithful social environment. Strictly combat the violation of chinese medicine trademarks, ensure the legitimate rights and interests of rights holders and promote the construction of chinese medicine brands。
5. Strengthening resource protection for chinese medicine. To study and refine the rules applicable to the protection of geographical indications of chinese medicine, to curb the violation of geographical indications of chinese medicine, to guide the proper exercise of the right to geographical indications, to strengthen the protection of medicinal products in the field through the mechanism for the protection of geographical indications, to promote the development of the geographical indications of chinese medicine and the specialty industry, the construction of ecological civilization, the transmission of historical and cultural heritage and the overall promotion of the organic integration of rural life. (b) to strengthen, by law, such protection as the right to new varieties of chinese medicinal plants and to promote a well-developed and scientifically efficient system for the protection and use of the resources of chinese medicinal plants。
6. To maintain a level playing field in the chinese pharmaceutical market. To uphold regulation and development and to strengthen the regulatory system for monopolistic practices in the field of chinese medicine, and to maintain an open and competitive market for chinese medicine. The law punishes unfair competition for false propaganda, commercial defamation, unauthorized use of well-known chinese medicine names and counterfeit chinese medicine names, packaging, decorations, etc., strengthens the awareness of fair competition in the chinese medicine industry, promotes the healthy and orderly development of the chinese medicine industry and effectively defends the legitimate interests of consumers and the public interest。
7. Strengthening the commercial and state secret protection of chinese medicine. To protect the trade secrets of chinese medicine in accordance with the law, to effectively curb violations of the commercial secrets of chinese medicine and to promote innovation in chinese medicine technology. The precise disclosure of information in relation to the protection of trade secrets and the legal protection of chinese medicine from disclosure to administrative authorities for reasons such as listing, supplementary applications and re-registration of medicines. The relationship between the protection of business secrets in chinese medicine and the reasonable movement of practitioners in the field of chinese medicine is properly addressed and the legitimate right and interest of practitioners in chinese medicine to start a proper employment while protecting business secrets in accordance with the law. Special protection is accorded to traditional chinese medicine prescriptions and production processes, which are recognized by law as state secrets。
8. Strengthening the rights to chinese medicine and related rights. The criteria for the identification of works are determined by law, and the examination of chinese medicine formulas, secret formulas, diagnostic techniques, the protection of intellectual achievements and the protection of the rights and interests of creators are strengthened. Protection of the results of the preparation of ancient versions of chinese medicine in accordance with the law, encouragement of the creation of chinese medicine culture and general scientific works, and promotion of the development of chinese medicine culture. Strengthening intellectual property rights protections such as chinese medicine genetic resources, traditional cultures, traditional knowledge and folklore, and promoting the collation and use of intangible cultural heritage. Legal protection of data resources such as traditional knowledge of chinese medicine, research and development, support to the development of databases on traditional knowledge protection of chinese medicine, and promotion of the development and use of data on chinese medicine。
9. Strengthen the protection of chinese medicines. The legal protection of the legal rights and interests of the holders of chinese medicine certificates, the promotion of an improved system of protection for chinese medicine, the encouragement of enterprises to develop and develop chinese medicine varieties of clinical value, the improvement of the quality of chinese medicine products and the promotion of healthy and orderly development of the chinese medicine market。
10. Strengthen the legal protection of chinese medicine and innovation subjects. The correct management of chinese medicine inheritance and innovation, the legal protection of new chinese medicine development based on ancient classics, etc., and the encouragement of technological innovation in chinese medicine. To determine precisely the material basis provided by chinese pharmaceutical enterprises, the clinical conditions and the role played by the intellectual work of chinese pharmaceutical research and development personnel in the development of chinese medicine technology, to define precisely the legal boundaries between job inventions and unserviceable inventions, to support by law the right to receive incentives and remuneration for those who have made a significant contribution to the completion and transformation of chinese medicine technology, and to constantly stimulate the potential and dynamism of chinese medicine and medicine innovation。
11. Increased penalties for violations of intellectual property rights in chinese medicine. (c) take legal measures to prevent violations in the field of chinese medicine in a timely and effective manner, such as the preservation of conduct and the sanction of obstruction of proceedings. Active application of the rules of preservation of evidence, provision of orders of evidence, shifting of the burden of proof, proof of obstruction, and reduction of the burden of proof on holders of intellectual property rights in chinese medicine. The correct determination of punitive damages constitutes an essential element to effectively increase the amount of damages for violations of rights that are serious in the context of repeated violations, the exploitation of such violations, and the legal support of the right-holder's claim for punitive damages. (b) to intensify its efforts to combat criminal offences against the intellectual property rights of chinese medicine, in accordance with the law, and to exercise its full deterrent, preventive and corrective functions。
Iii. Deepening innovation and developing a comprehensive intellectual property protection system for chinese medicine
12. Improving the technical fact-finding mechanism for chinese medicine. Targeted selection of specialized technical staff in the field of chinese medicine has enriched the national pool of technical investigative staff in the courts. (c) the ongoing development of a multidisciplinary technical fact-finding mechanism for the participation of technical investigators, technical advisers, technical experts and expert support personnel in the proceedings. Establishment of a technology research pool mechanism to accelerate the “replacement on demand” and “brain sharing” of chinese and chinese medicine technicians throughout the country. Specialized technical staff in the field of chinese medicine were selected to participate in the proceedings and the establishment of an expert jury was promoted. Improve the procedure for technical staff in the field of chinese medicine to appear before the court, submit their opinions on professional issues and be questioned。
13. Enhance synergistic protection of intellectual property rights in chinese medicine. The harmonization of different forms of intellectual property protection in the field of chinese medicine has contributed to the improvement of the system of judicial protection of intellectual property. (b) to further develop civil, criminal and administrative “triple” judicial mechanisms to improve the overall effectiveness of judicial protection of intellectual property rights in chinese medicine. To strengthen coordination with the ministry of agriculture and rural development, the health and safety commission, the general directorate of market supervision, the copyright authority, the forest and grass office, the chinese medical administration, the bureau of medicine and medicine and the intellectual property authority, among others, with a view to sharing and synergizing information resources and supporting local efforts to broaden communication channels and methods. Supporting and expanding the multi-dimensional dispute resolution mechanism for chinese medicine intellectual property rights, building on the people's court mediation platform, and exploring the judicial recognition system for administrative mediation agreements, promoting integrated dispute management and source governance。
14. Upgrade the capacity of chinese medicine intellectual property rights judicial services. (c) to develop a training and training system to further upgrade the professionalization of intellectual property rights in chinese medicine. Insightly grasping the new demands of the new situation, actively conducting research and studies on the judicial protection of intellectual property rights in chinese medicine, assessing the judicial situation, drawing lessons from the trials and responding in a timely manner to social concerns. Strengthening the promotion of the rule of law on intellectual property rights in chinese medicine, establishing a sound case guidance system, actively publicizing typical cases of intellectual property protection in chinese medicine, enhancing the dissemination of knowledge about chinese medicine through trial and advocacy of typical cases, and creating a favourable climate of shared interest and support for the development of chinese medicine throughout society。
15. Strengthening the judicial protection of science, technology and information-building of intellectual property rights in chinese medicine. Upgrading the level of computerization of intellectual property rights in chinese medicine, using technologies such as large data and block chains to build synergy mechanisms with intellectual property platforms such as patents, trademarks, copyrights, etc., to support access to intellectual property rights, registration, transfer, etc. (c) make a major effort to promote the universal application of information technology, achieve online processing of all-process trials and improve the quality of judicial protection of intellectual property rights in chinese medicine。
16. Strengthen cooperation in international exchanges on judicial protection of intellectual property rights in chinese medicine. (c) strengthen intellectual property trials relating to chinese medicine in foreign countries, protect the legitimate rights and interests of middle and foreign rights holders on an equal basis under the law, and guarantee the international development of chinese medicine in services. Consistently promoting the rule of law at home and abroad in an integrated manner, actively participating in the construction of international intellectual property rules in the field of chinese medicine, promoting the integration of chinese medicine into a “one-way street” of high quality, and helping to bring chinese medicine to the world。
Supreme people's court
21 december 2022
