This work guide is released! Administrative mediation + judicial confirmation, intellectual property protection is more powerful!-Industry News-Shenzhen deep trust patent Agency Co., LTD

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This work guide is released! Administrative mediation + judicial confirmation, intellectual property protection is more powerful!

Release Time：

2022-12-15

Recently, the Shenzhen Municipal Administration for Market Regulation (Shenzhen Intellectual Property Office) and the Shenzhen Intermediate People's Court jointly formulated and issued the "Shenzhen Municipal Intellectual Property Dispute Administrative Mediation Agreement Judicial Confirmation Work Guidelines" (hereinafter referred to as the "Work Guidelines") to further strengthen the judicial Relevant matters shall be detailed and clarified to provide standardized and normative guidance for the judicial confirmation and handling of administrative mediation agreements for intellectual property disputes in Shenzhen and promote efficient and diversified resolution of intellectual property disputes.

in recent years

As my country's economy transitions from a stage of rapid growth to

Shifting to the stage of high-quality development

The demand for innovation from market entities continues to grow,

Awareness of intellectual property protection continues to increase

Intellectual property disputes have also increased rapidly

Putting forward higher requirements for the efficiency of intellectual property rights protection

Recently, the Shenzhen Municipal Market Supervision Bureau

(Shenzhen Intellectual Property Office)

Jointly formulated and issued with the Shenzhen Intermediate People’s Court

"Guidelines for the Judicial Confirmation of Administrative Mediation Agreements on Intellectual Property Disputes in Shenzhen"

(hereinafter referred to as "Work Guide")

Further review of matters related to judicial confirmation

Be detailed and clear

Administrative Mediation Agreement for Shenzhen Intellectual Property Disputes

Provide standardization and normative guidance for judicial confirmation processing

Promote efficient and diversified resolution of intellectual property disputes

The issuance and implementation of the "Work Guidelines" is an important deployment for Shenzhen City to implement the "Outline for Building a Strong Intellectual Property Power (2021-2035)". It is also an important step to strengthen the connection between administrative protection and judicial protection of intellectual property and create a good business environment for intellectual property. measures. According to statistics, in recent years, the Municipal Market Supervision Bureau has cooperated with the Shenzhen Intermediate People's Court to successfully handle 3 cases of judicial confirmation of administrative mediation agreements for patent infringement disputes. Another 2 cases were reviewed by the court after acceptance and judicial confirmation of administrative mediation agreements for intellectual property disputes. Work continues to become standardized and normalized.

Cases related to mobile phone case appearance infringement

On November 24, 2021, the Futian Supervision Bureau of the Municipal Market Supervision Bureau received a request from Zheng to handle a dispute over a communications bank’s alleged infringement of the design patent rights of a combination mobile phone case (IP12-flat), requiring the respondent to stop the infringement and compensate. Futian Supervision Bureau opened the case on the same day and organized an investigation as soon as possible. On November 25, the Futian Supervision Bureau issued an "Intellectual Property Administrative Injunction Decision" to the respondent in accordance with the law to stop the infringement in a timely manner.

(Data map)

After the law enforcement officers informed the respondent of the alleged infringement, the respondent stated that it was difficult to accept the claimant's compensation request due to operating difficulties and difficulty in making ends meet. In view of the fact that the parties failed to reach an agreement on the amount of compensation, in order to substantively and quickly resolve the dispute, law enforcement officers actively organized mediation between the two parties, explained the legal issues, analyzed the pros and cons of various handling methods, and promoted mutual understanding and compromise between the two parties, and signed the agreement on December 21 entered into a mediation agreement.

The parties also requested the case handling department to forward the electronic document of the judicial confirmation application to the court through the cooperation mechanism with the Shenzhen Intermediate People's Court. The court will review it after accepting it and issue a "Civil Ruling" on December 28, 2021, confirming that both parties The mediation agreement reached was effective and the case was successfully concluded. It only took 34 days from receipt of the processing request to judicial confirmation. As the first judicial confirmation case of administrative mediation agreement for intellectual property disputes in Shenzhen, this case achieved a good demonstration effect.

In the next step, Shenzhen will continue to deepen the diversified resolution mechanism for intellectual property disputes, accelerate the construction of pilot projects for rapid resolution of intellectual property disputes, further improve the efficiency of intellectual property dispute resolution, improve the full chain protection system for intellectual property rights, and form a strong synergy to protect intellectual property rights. Provide strong support for optimizing the intellectual property business environment and promoting high-quality economic and social development.

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