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      Establishing intellectual property court for three years and strengthening judicial protection of intellectual property rights

      Author:  Source:  Date: 2017-08-29 16:45:44 Hit: 72

      On the afternoon of August 29th, Zhou Qiang, President of the Supreme People's court, made a report to the Standing Committee of the National People's Congress on the work of the supreme Intellectual Property Court on intellectual property rights. The report shows that over the past three years, Beijing, Shanghai, Guangzhou three intellectual property court in exerting judicial protection of intellectual property rights, innovation of intellectual property judicial power operating mechanism effect, put forward a way of intellectual property trial trial reform proposals.

      In August 31, 2014, the twelve session of the Standing Committee of the Tenth National People's Congress deliberated and passed the decision on the establishment of intellectual property courts in Beijing, Shanghai and Guangzhou. At the end of the year, the three intellectual property courts were successively established. 29, the report shows that the intellectual property court three years received a total of more than 4.6 pieces of cases, of which 3.3 million pieces, including technical patents, technical secrets, computer software and other strong nearly 30% cases.

      Over the past three years, major cases involving intellectual property protection have repeatedly become the focus of media discussions. The "old godmother" "LV" brand is endowed with well-known trademark protection, "U shield" patent infringement case first pay the plaintiff 49 million yuan compensation claims for the first time in favor of the plaintiff to time million charges that lawyer fees, Anhui Huayuan Pharmaceutical v. SAIC Trademark Office case and a number of typical cases they raised public concern on the protection of intellectual property rights.

      The intellectual property courts of Beijing, Shanghai and Guangzhou are completely established in accordance with the current judicial reform requirements in china. 29 and the report also shows that over the past three years, a number of reform initiatives in three of the intellectual property court first landing, effectively promote the intellectual property trial system and judicial modernization, improve the quality and efficiency of the trial, also produced a batch can promote reform experience. The president of the Supreme People's court Zhou Qiang said: "the first implementation of the system of judges, judicial accountability and judicial operation mechanism reform measures, standardize judicial and trial management rights and the right of trial supervision, the formation of a new mode of trial, the judge leading personnel classification, clear responsibility and cooperation. The three intellectual property courts have set up a technical investigation room to form a diversified technical fact finding mechanism for the effective connection between technical investigation and expert assistance, judicial expertise and expert consultation." Zhou Qiang stressed that due to the adjudication of intellectual property cases according to law, foreign parties in recent years China voluntary choice for intellectual property litigation to increasing international influence of intellectual property court Chinese expanding. The Supreme People's court has signed a memorandum of cooperation with the world intellectual property organization to deepen international cooperation in many fields on the basis of the intellectual property court. The establishment of the international exchange (Shanghai) base for the judicial protection of intellectual property rights in China courts, and actively carry out international exchanges and cooperation. Holding important international conferences, such as intellectual property rights and international trade forum, China Europe judge forum and so on, we will discuss the frontier issues of judicial protection of intellectual property rights, and show the achievements of judicial protection of intellectual property rights in the world. Actively participate in the international exchange of Sino US intellectual property rights judicial protection exchange project, China Europe intellectual property dialogue mechanism 10th anniversary forum, and promote the construction of more equitable and reasonable international intellectual property rights rules."

      Summing up the results at the same time, Zhou Qiang also frankly, the current intellectual property court work still faces judicial ability level to be improved, specialized trial radiation range is not enough and so on. To this end, the report also gives some suggestions on the next step of the intellectual property court. He said, "the recommendations of the National People's Congress authorized intellectual property court to implement simple civil and administrative cases of first instance trial judge single trial pilot, promote the case classification. It is suggested that the appellate mechanism of intellectual property cases should be established at the national level to realize the specialization, jurisdiction centralization, procedure intensification and personnel specialization of intellectual property cases. Summing up experience and setting up intellectual property court in time, we can better meet the judicial needs of specialized trial of intellectual property rights in science and technology innovation."


      (source: International Online)

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