The Longhua Court in Shenzhen, Guangdong Province, issued a white paper on judicial protection of intellectual property rights-Industry News-Shenzhen deep trust patent Agency Co., LTD

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The Longhua Court in Shenzhen, Guangdong Province, issued a white paper on judicial protection of intellectual property rights

Release Time：

2023-04-28

On April 26, on the 23rd World Intellectual Property Day, Shenzhen Longhua District People's Court held a press conference to release the White Paper on Judicial Protection of Intellectual Property of Shenzhen Longhua District People's Court for the public.

At the press conference, Li Yuyuan, deputy secretary of the Party Group and vice president of the Longhua Court, introduced the specific situation of the white paper. The white paper focuses on comprehensively building a "1+N" IPR judicial protection model, providing high-quality judicial publicity services, upgrading and building a new judicial protection model of "open, fight and prevent", and comprehensively displays the main practices and effects of various works since the Longhua Court first issued the "White Paper on the Judicial Protection of Intellectual Property" in October 2020, and publishes eight typical cases. To guide market entities to operate in compliance with the law.

The white paper mainly introduces four aspects of the court's work on intellectual property protection:

Active performance of judicial functions, fair and efficient trial of all types of intellectual property cases. We will give full play to the functions of intellectual property adjudication, sanction and crack down on all kinds of intellectual property infringement in accordance with the law, effectively protect all kinds of innovation achievements, actively maintain the market order of fair competition, and strive to set a new benchmark for intellectual property judicial protection. From November 2020 to March 2023, the Longhua Court accepted 6,958 intellectual property cases of various types, and concluded 6,404 cases. Among them, 6,900 civil cases were accepted and 6,360 were concluded; 55 criminal cases were handled, 41 were concluded, and 61 people were found guilty in accordance with the law; Three administrative cases were accepted and three were concluded.

We will innovate and improve the judicial mechanism, and comprehensively build a "1+N" judicial protection model. The first intellectual property judicial protection center of grassroots courts in China, which integrates trial, mediation, publicity and exchange, has been set up to realize centralized and professional trial. The "Operation Mechanism of Intellectual Property Judicial Protection Center" and supporting working procedures were issued to build a "1+N" mode of intellectual property judicial protection, and promote the substantive and standardized operation of the intellectual property judicial Protection Center. By improving the "three-in-one" intellectual property trial mechanism, improving the litigation and mediation docking mechanism for intellectual property civil cases, deepening the reform of the triage mechanism for complicated intellectual property cases, and strengthening the application of modern scientific and technological means, the intellectual property trial system and trial capacity will be continuously modernized.

Focus on optimizing the business environment, and strive to serve the overall situation of high-quality economic development. We will actively extend judicial functions, strengthen publicity services for judicial protection of intellectual property rights, and make every effort to build a world-class business environment. The first is to carry out accurate publicity and judicial services by issuing guiding documents, visiting and researching high-tech enterprises in the jurisdiction, holding special symposiums, and organizing law enforcement personnel of administrative organs to attend court hearings. Second, the national intellectual property Publicity Week activities focused on publicity and daily publicity as the starting point, through a variety of forms and ways to promote the law to market subjects. The third is to strengthen learning and thinking by holding forums and carrying out subject research, adapt to the constantly developing intellectual property trial work, and contribute judicial wisdom to the construction of the jurisdiction.

We will build a new model of "thinning, fighting and preventing", and further upgrade the judicial protection of intellectual property rights. On the basis of the "1+N" model, we will upgrade and build a new judicial protection model of "clearing, fighting and preventing" intellectual property rights, and carry out in-depth management of intellectual property litigation sources. First, strengthen the linkage between the government and the court, give full play to the functional role of judicial and administrative units, integrate the resource advantages of public services and professional fields of industry associations, effectively use the supervision and restriction of e-commerce platforms and network technology functions, build a large mediation platform of the whole chain, and "dredge" intellectual property disputes from the source. The second is to implement the strictest intellectual property protection, increase the application of the punitive compensation system, strengthen the application of property penalties in criminal cases, and severely "crack down" on serious intellectual property infringement. Third, the "Longhua District Intellectual Property Credit Supervision Cooperation Framework Agreement" was signed, and the member units of the six district intellectual property joint meetings were jointly built to build an intellectual property infringement subject information database to effectively "prevent" intellectual property infringement. "Sparse" as the front, "play" as the leading, "prevention" as a supplement, "sparse", "play", "prevention" trinity, cooperate with each other, promote each other, coordinate to promote, efficient and high-quality protection of intellectual property rights holders' legitimate rights.

The eight typical cases published in this white paper involve hot and difficult issues in the current intellectual property trial field, including punitive damages, digital economy protection, blockchain solid certificate, "three-in-one" trial, and so on, of which six cases were evaluated as provincial and municipal typical cases. (Reporter Lee Ye-ge, correspondent Wang Jia-sook and Kim Jing)

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