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The first batch of pilot projects for administrative adjudication of patent infringement disputes have achieved good results
Release Time:
2022-06-15
In order to conscientiously implement the arrangements of the Party Central Committee and the State Council on strengthening the administrative adjudication of intellectual property infringement disputes, the State Intellectual Property Office has identified 8 places including Beijing, Shanghai, Hebei, Jiangsu, Zhejiang, Hubei, Guangdong and Shenzhen as the first batch of adjudications since 2020. Pilot project, taking the lead in launching a nationwide pilot project for administrative adjudication of patent infringement disputes. In May 2022, the State Intellectual Property Office and the Ministry of Justice jointly issued a notice announcing the first batch of pilot acceptance results, and the first batch of administrative adjudication pilot work was successfully concluded.
In order to conscientiously implement the arrangements of the Party Central Committee and the State Council on strengthening the administrative adjudication of intellectual property infringement disputes, the State Intellectual Property Office has identified 8 places including Beijing, Shanghai, Hebei, Jiangsu, Zhejiang, Hubei, Guangdong and Shenzhen as the first batch of adjudications since 2020. Pilot project, taking the lead in launching a nationwide pilot project for administrative adjudication of patent infringement disputes. In May 2022, the State Intellectual Property Office and the Ministry of Justice jointly issued a notice announcing the first batch of pilot acceptance results, and the first batch of administrative adjudication pilot work was successfully concluded.
Overall, the first batch of administrative adjudication pilot work has achieved good results. The pilot tasks were completed to a high standard. The pilot determined that 23 basic tasks in 6 aspects have been completed overall. Among them, the average score for the completion of basic tasks exceeds 80 points, with the highest score in Zhejiang being 86 points. The average score for the completion of all tasks, including special tasks, is 90 points, with the highest score in Zhejiang being 100 points. The foundation of the rule of law is built with high quality. A total of 9 local regulations have been issued in the pilot areas to introduce provisions related to administrative adjudication, 6 of which clearly changed the expression "handling" to "administrative adjudication", a total of 26 policy documents related to strengthening administrative adjudication have been issued, and 45 relevant details have been formulated and issued. chemical regulations and supporting systems. The level of administrative adjudication capabilities has been rapidly improved. From 2020 to 2021, the pilot areas filed a total of 63,900 cases of patent infringement disputes, accounting for 69.3% of the national total in the same period, with an average annual growth rate of 11.3% and 18.9% respectively, and settled 62,600 patent infringement dispute cases, accounting for 69.3% of the national total in the same period. The volume was 69.4%, with average annual growth rates of 12.4% and 23.1% respectively. 12 typical experiences and practices in administrative adjudication were formed, which were jointly replicated and promoted nationwide by the State Intellectual Property Office and the Ministry of Justice, forming a good demonstration and leading role.
In the next step, the State Intellectual Property Office will continue to work with relevant departments to thoroughly implement the decisions and arrangements of the Party Central Committee and the State Council on strengthening the administrative adjudication of intellectual property infringement disputes, coordinate the pilot work of administrative adjudication of patent infringement disputes, and increase the guidance of the pilot work. Timely sum up experience and practices, promote the pilot areas to catch up with the advanced, strive for the advanced in the middle, and advance the advanced, better and faster to improve the national patent infringement administrative adjudication capabilities, in order to comprehensively strengthen intellectual property protection, create a good innovation environment and business environment, and promote Provide strong support for high-quality economic and social development.
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