Strengthen the administrative protection of intellectual property rights and carry out comprehensive administrative adjudication of intellectual property rights-Industry News-Shenzhen deep trust patent Agency Co., LTD

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Strengthen the administrative protection of intellectual property rights and carry out comprehensive administrative adjudication of intellectual property rights

Release Time：

2022-03-22

From 2019 to 2021, intellectual property offices across the country have thoroughly implemented the spirit of General Secretary Xi Jinping’s important speech on comprehensively strengthening intellectual property protection and the decisions and arrangements of the Party Central Committee and the State Council. They have acted proactively, courageously taken on responsibilities, gathered strength, and focused on online and offline public feedback. In key areas and regions where there is strong public concern and where infringement is prone to occur, we will continue to increase administrative adjudication and case handling, and continue to strengthen the administrative protection of intellectual property rights.

The top-level design of intellectual property administrative adjudication work has been significantly strengthened. The "14th Five-Year Plan for National Economic and Social Development and the Outline of Long-term Goals to 2035" and the "Implementation Outline for the Construction of a Legal Government (2021-2025)" make plans and arrangements for strengthening administrative adjudication work at the national level. The "Opinions on Improving the Administrative Adjudication System and Strengthening Administrative Adjudication Work" clearly requires that the focus be on administrative adjudication in the field of intellectual property infringement disputes and compensation disputes. The "Outline for Building a Strong Country on Intellectual Property (2021-2035)" and the "14th Five-Year Plan for the Protection and Application of National Intellectual Property" make strategic arrangements and top-level designs for strengthening administrative adjudication in the field of intellectual property in the next 15 years. The fourth revision of the Patent Law has added the central authority for administrative adjudication of major patent infringement disputes and an early resolution mechanism for pharmaceutical patent disputes. Guidance on handling patent infringement disputes has been continuously strengthened. The enforcement mechanism for cross-regional and cross-department administrative adjudication continues to be improved. The State Intellectual Property Office, together with the Ministry of Justice, has carried out in-depth pilot projects for the construction of administrative adjudication of patent infringement disputes in 15 regions across the country.

The local practice of administrative adjudication of intellectual property rights has blossomed everywhere. All localities have continued to increase their efforts, taking multiple measures and making key breakthroughs. The administrative adjudication of patent infringement has been fully rolled out and flourished in many areas. Shanghai, Jiangsu, Zhejiang and other places have deployed administrative adjudication work in the outline of building a strong province and city or the "14th Five-Year Plan". Beijing's "14th Five-Year Plan" has set up a column for "Demonstration Construction of Administrative Adjudication of Patent Infringement Disputes". Tianjin, Liaoning, Anhui and other places have issued local regulations to improve the administrative adjudication system. Hebei, Heilongjiang, Hubei and other places have formulated detailed administrative adjudication procedure regulations or work guidelines. Shanghai, Anhui, Sichuan and other places have established judicial confirmation mechanisms for administrative mediation agreements in patent infringement disputes. Anhui, Hunan and other places have launched administrative adjudication demonstration projects throughout the province. Jiangsu, Hubei, Zhejiang and other places use digital means to build online case handling systems for administrative adjudication. Shenzhen, Guangdong, issued the country's first administrative ban on intellectual property rights, and Shantou issued the country's first local government regulations, the "Shantou City Administrative Adjudication Regulations." Twelve provinces and cities including Beijing, Tianjin, Shanghai and Jiangsu, six central provinces including Shanxi, Hebei, Hubei and Henan, and four provinces and autonomous regions including Liaoning, Jilin and Heimeng have jointly promoted cross-regional law enforcement cooperation in administrative adjudication.

According to statistics, in the past three years, local intellectual property offices have handled a total of 126,800 cases of patent infringement disputes, with an average annual growth rate of 16.3%. This has effectively given full play to the advantages of fast and efficient administrative protection of intellectual property rights and diversified resolution of conflicts and disputes, and has effectively safeguarded the legitimate rights and interests of innovative entities. and enthusiasm for innovation and creation, and played an important role in further optimizing the market-oriented, legal and international business environment.

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