Beijing, December 25 - Wang Shengjun, President of the Supreme People's Court, today at the 30th session of the Standing Committee of the 11th National People's Congress, when making a report on strengthening the work of intellectual property trials to promote the construction of an innovative country, introduced that in recent years, with China's economic and social development, the important role of intellectual property trials has become increasingly prominent, and the number of cases has increased rapidly. The number of new and difficult cases has increased, making it more difficult to resolve conflicts. From 2008 to June 2012, Chinese courts accepted 226,753 intellectual property cases, and concluded 208,653 cases. In view of the practical difficulties faced by intellectual property trials, the report suggests that the spirit of the 18th National Congress of the Communist Party of China should be used as a guide to further implement the national intellectual property strategy and optimize the intellectual property protection system; Properly coordinate the relationship between judicial protection and administrative law enforcement, and give play to the leading role of judicial protection of intellectual property rights; In accordance with the requirements of the national intellectual property strategy, we will actively explore and study the establishment of special intellectual property courts.
The report recommends further improving intellectual property related legislation, clearly stipulating the people's courts' power of judicial alteration in patent and trademark confirmation cases, promoting substantive settlement of disputes, and preventing circular litigation; Add the system of filing orders, strengthen the obligation of filing documents of infringers, and effectively reduce the burden of proof of intellectual property rights holders; A punitive compensation system will be established to enhance the effectiveness of sanctions against repeated and malicious infringements.
The report recommends further strengthening the construction of business integrity, social integrity and judicial credibility, speeding up the construction of intellectual property rule of law culture, and creating a good atmosphere in the whole society to attach importance to and support intellectual property trials.
Concluded 180,000 civil intellectual property cases
"The trial of intellectual property rights is a judicial activity in which the people's courts mainly try cases concerning patents, trademarks, Copyrights and technology contracts, involving the three major trial areas of the people's courts: civil, administrative and criminal." According to the report on Strengthening intellectual property adjudications and promoting the construction of an innovation-oriented country, from 2008 to June 2012, Chinese courts accepted 196,209 civil intellectual property cases and concluded 180,213 of them.
The report pointed out that courts across the country have strengthened the civil adjudication of intellectual property rights. We strengthened patent protection, and concluded 24,644 patent cases and 2,907 technology contract cases. We strengthened the protection of trademark rights and concluded 40,370 trademark cases. We strengthened copyright protection and concluded 98,801 copyright cases. We maintained the order of fair competition and concluded 5,224 cases of unfair competition and monopoly. We concluded 5,670 foreign-related intellectual property cases and 1,648 cases involving Hong Kong, Macao and Taiwan. We will intensify punishment, increase the liability of perpetrators of counterfeiting, piracy, repeated infringement and malicious infringement in accordance with the law, and increase the cost of infringement.
A total of 8,749 intellectual property administrative cases were concluded
According to the report on strengthening intellectual property adjudication and promoting the construction of an innovative country, from 2008 to June 2012, courts across the country accepted 9,948 administrative intellectual property cases and concluded 8,749 of them, of which 6,640 were upheld and 1,088 were revoked.
The report pointed out that the courts across the country strengthened the administrative adjudication of intellectual property rights. To try all kinds of intellectual property administrative cases in accordance with the law, pay attention to the function of administrative trial supervision and promotion of intellectual property administrative law enforcement. Properly handle administrative disputes caused by administrative organs' investigation and punishment of intellectual property infringement, protect the legitimate rights and interests of administrative counterparts, standardize administrative law enforcement of intellectual property rights, and promote the improvement of administrative protection of intellectual property rights. Proper trial of intellectual property rights authorization cases to improve the quality and efficiency of authorization.
A total of 19,000 intellectual property criminal cases were concluded
According to the report on Strengthening intellectual property adjudication and promoting the construction of an innovative country, from 2008 to June 2012, courts across the country punished crimes of intellectual property infringement according to law, handled 20,596 criminal cases of intellectual property, concluded 19,691 cases and sentenced 29,852 criminals.
The report pointed out that courts across the country have strengthened the criminal trial of intellectual property rights. Increase the intensity of criminal sanction, while applying the main penalty according to law, increase the application and execution of fine penalty; Measures such as the recovery of illegal gains, the confiscation of criminal tools, and the destruction of infringing products shall be taken to deprive the infringer of the conditions for re-offending. Actively cooperate with the special campaign to crack down on intellectual property infringement and the production and sale of counterfeit and shoddy goods, and form a high-pressure situation to crack down on crimes of intellectual property infringement.
Innovative way "mediation priority combination of mediation and judgment"
According to the report on strengthening intellectual property trial work to promote the construction of an innovative country, courts across the country adhere to the "mediation priority and the combination of mediation and judgment" and actively respond to the new requirements of the construction of a harmonious society. Strengthen the connection and cooperation between intellectual property trials, people's mediation and administrative mediation, improve the litigation and mediation docking mechanism, and play a role in coordinating the settlement of intellectual property disputes.
According to statistics, the mediation withdrawal rate of intellectual property civil cases of first instance in local courts at all levels reached 66.7%.
"The successful mediation of major cases such as the 'iPad' trademark dispute between Proview and Apple in the United States, the patent infringement dispute between Zhejiang Chint Group and Schneider in France, and the copyright infringement dispute between Universal Music and other companies and Baidu has been widely praised at home and abroad." The report pointed out that innovative mediation methods, give play to the professional advantages of industry associations and scientific and technological experts, explore the implementation of entrusted mediation, industry mediation, expert mediation, strengthen the linkage between upper and lower courts and courts and administrative organs, and industry associations, do a good job in related case mediation, improve the quality and effect of mediation, and guide the parties to transform infringement disputes into win-win cooperation.
43,000 effective judgments were made available online
According to the report on strengthening intellectual property adjudication and promoting the construction of an innovative country, courts across the country implement the principle of open trials, carry out circuit trials, broadcast court hearings, invite NPC deputies and CPPCC members to attend court hearings, establish an online disclosure system of judgment documents, play the role of the platform of "China Intellectual Property Adjudication Documents Network", and constantly expand the breadth and depth of judicial openness.
The report pointed out that courts across the country adhere to the sunshine of justice and actively respond to the people's new requirements for judicial openness. By June 2012, 43,488 effective judgments had been made available online. China regularly publishes white papers and yearbooks on the judicial protection of intellectual property rights in Chinese courts, fully disclosing information on intellectual property trials, and effectively protecting the people's right to know and supervise.
Establish a notification system for major intellectual property cases
Introduction to the report on Strengthening intellectual property trial work to promote the construction of an innovative country, establishing an information notification system for major intellectual property cases, and strengthening guidance and coordination on major cases and related cases. Standardize the exercise of discretion, clarify the discretion standards for important judicial discretion matters such as the distribution of the burden of proof and the determination of the amount of legal compensation, and ensure that the results of the discretion are fair and reasonable.
Since 2008, the Supreme People's Court has regularly released 10 major cases, 50 typical cases and an annual report on the judicial protection of intellectual property rights in China. Pay attention to the guiding role of typical cases of intellectual property rights, clarify the judicial principles and standards of intellectual property rights through the release of typical cases, and enhance the pertinence of business guidance.
There are 420 intellectual property tribunals across the country
The report on strengthening intellectual property adjudication and promoting the construction of an innovative country introduced the establishment of specialized intellectual property tribunals in intermediate courts and above, and appropriately increased the number of grass-roots courts with jurisdiction over intellectual property cases. As of June this year, there were 420 intellectual property tribunals and 129 grass-roots courts with jurisdiction over intellectual property cases.
The report pointed out that courts across the country have strengthened the construction of trial organizations. Focus on the training and selection of intellectual property judges, enhance the trial force, optimize the personnel structure. At present, there are 2,731 judges engaged in intellectual property trials, of which 56.4% have a bachelor's degree and 41.1% have a master's degree or above. Ten grassroots model courts for IPR trials have been established to promote the overall level of IPR trials in grassroots courts.
We will increase training for judges of courts in the central and western regions
The report on strengthening the work of intellectual property justice to promote the construction of an innovative country introduced the strengthening of operational capacity building of courts across the country. Focusing on the hot and difficult issues in intellectual property trials, China will strengthen the training of intellectual property professional knowledge and trial skills, and constantly improve judges' ability to correctly apply the law, properly resolve conflicts, and coordinate interests. Through the selection of trial experts and the evaluation of excellent judgment documents, we will focus on cultivating expert judges.
The report pointed out that efforts should be made to strengthen the construction of intellectual property teams and increase the training of judges in central and western China courts and grassroots courts. Strengthen international exchanges and cooperation, learn from advanced experience outside the region, and cultivate an international perspective for intellectual property judges.
The average annual increase of newly received intellectual property cases of first instance is 30%
"The pressure on intellectual property trials is growing." The report on strengthening the work of intellectual property justice to promote the construction of an innovative country pointed out that both international and domestic, the demand for equal protection of intellectual property rights is becoming stronger and stronger, and the trend of continuous increase in cases is becoming more and more obvious. From 2008 to 2011, the average annual growth rate of new first-instance intellectual property cases was 33.1%, which was 26.3 percentage points higher than that of general civil cases.
According to the report, the current situation facing intellectual property trial work is that it is more difficult to resolve contradictions and disputes. The number of cases involving complex technical facts has increased, the number of difficult cases requiring clear legal boundaries has increased, and the number of major cases involving the survival of enterprises has increased.
The report stressed that the trial of intellectual property rights must overcome difficulties and find new ideas and ways to effectively resolve conflicts and disputes.
Judicial protection of intellectual property rights needs to be further promoted
The report on strengthening intellectual property trial work to promote the construction of an innovative country pointed out that there are still some problems and difficulties in intellectual property trial at present, and the leading role of judicial protection of intellectual property needs to be further played. The Outline of the National Intellectual Property Strategy promulgated by The State Council proposes to strengthen the construction of the judicial protection system and give play to the leading role of judicial protection of intellectual property rights. The strategic positioning of judicial protection of intellectual property rights needs to be further promoted and implemented. The dual protection mechanism of judicial protection and administrative enforcement of intellectual property rights needs to be further optimized. The pilot work of "three-trial integration" of intellectual property cases needs to be further promoted, and the establishment of special intellectual property courts needs in-depth research and exploration.
The report also pointed out that the intellectual property protection mechanism needs to be further improved, the construction of intellectual property judges needs to be further strengthened, and the judicial capacity of intellectual property judges cannot fully adapt to the rapidly growing judicial needs of intellectual property.
