Guangdong News Network: Create a highland for judicial protection of intellectual property rights-Industry News-Shenzhen deep trust patent Agency Co., LTD

News Updates

NEWS CENTER

Related News

There is currently no data available

Home

Guangdong News Network: Create a highland for judicial protection of intellectual property rights

Release Time：

2022-06-09

Intellectual property rights are an important support for building an innovative country, and judicial protection of intellectual property rights is an important force in the intellectual property protection system. On May 31, the 43rd meeting of the Standing Committee of the 13th Provincial People's Congress reviewed the provincial court's report on the intellectual property trial work. According to the report, from 2018 to April this year, the province's courts accepted a total of 698,000 intellectual property cases of various types, and concluded 669,000 cases, accounting for about one-third of the country's total. Courts across the province have formulated implementation plans and actively implemented them, striving to build an intellectual property judicial protection highland with international influence, credibility in the Greater Bay Area and Guangdong-wide characteristics.

In order to assist the Standing Committee of the National People's Congress in hearing and reviewing the reports on the intellectual property trial work of the courts in our province, the Supervisory and Judicial Committee of the Provincial People's Congress launched a series of research work two months ago. Judging from the research, the province's courts have given full play to their intellectual property trial functions, improved the intellectual property trial system and mechanisms, and continuously improved the level of judicial protection of intellectual property, providing a solid judicial guarantee for accelerating the construction of a province strong in technological innovation and intellectual property.

Deputy Chairman of the Supervisory and Judicial Committee of the Guangdong Provincial People’s Congress

Liang Shaofen

The Provincial Court took the lead in signing a memorandum on collaborative protection of intellectual property rights with 11 departments including the Provincial Market Supervision Bureau, promoting local courts to proactively establish protection cooperation mechanisms with local departments, strengthening judicial exchanges and collaboration with Hong Kong, Macao and the world, and promoting the convergence of judicial protection rules and systems in the Greater Bay Area . A series of measures have promoted the continuous improvement of the "strict protection, large protection, fast protection and simultaneous protection" pattern in the intellectual property judicial field of our province, and the achievements deserve full recognition.

In order to solve the problem of long processing times for intellectual property infringement cases, courts across the province have vigorously promoted the separation of complex cases from simple cases and deepened the mechanism for quick adjudication and trial. The average trial period for expedited cases is 45 days, and the in-court verdict rate exceeds 80%, helping 65% of cases to be resolved quickly and conveniently. Exploring the application of the combination of "prior judgment + temporary injunction" prevents the damage of patent infringement from continuing to expand and prevents the right holder from "winning the lawsuit and losing the market."

Member of the Standing Committee of the Guangdong Provincial People’s Congress Vice President of the Provincial Lawyers Association

Liu Tao

We can make a judgment first by ascertaining some of the facts and confirming whether the ownership of the intellectual property belongs to you. This will lay the foundation for future protection. A temporary injunction means that even if the trial is ongoing and a judgment has not yet been made, I think that protecting the legitimate rights and interests of intellectual property rights holders must be prioritized first. I can first make a temporary injunction to prohibit the infringer from continuing to implement infringement, thereby protecting the legitimate rights and interests of intellectual property rights holders.

The "14th Five-Year Plan" National Intellectual Property Protection and Utilization Plan proposes to comprehensively establish and implement a punitive compensation system for intellectual property infringement, increase damage compensation, and significantly increase the cost of violating the law. While increasing protection, the Guangdong Provincial Court has also stepped up efforts to punish infringements.

Vice President of the Intellectual Property Tribunal of Guangdong Higher People’s Court

Ou Lihua

The average compensation awarded for patent cases in the province in 2021 is 825,000 yuan, an increase of nearly 150% compared with 2018. In the past four years, there have been more than 100 cases with compensation exceeding 10 million yuan.

This year, Guangdong Province promulgated the "Guangdong Provincial Intellectual Property Protection Regulations", establishing a general pattern of "one plan and two regulations" for intellectual property protection in the province, and also putting forward higher requirements for the judicial protection of intellectual property rights. Members of the Standing Committee of the Provincial People's Congress said that in order to further improve the level of judicial protection of intellectual property rights, it is necessary to incorporate more intellectual property protection cases into the expedited adjudication process and further strengthen the strength of judicial personnel.

Member of the Standing Committee of the Guangdong Provincial People's Congress and full-time deputy chairman of the Guangdong Provincial Committee of the Kuomintang Revolutionary Committee

Li Zhiming

I believe that we must continue to deepen reforms in light of new situations and new requirements in intellectual property adjudication work. It is necessary to deepen the "three-in-one" reform of civil, administrative and criminal intellectual property rights. It is conducive to unifying judicial standards, saving trial resources and improving trial efficiency. The average number of cases concluded per judge of the Guangzhou Intellectual Property Court and Shenzhen Intellectual Property Court exceeds 400 cases per year. The conflicts between persons and cases are relatively acute, and it is necessary to resolve the conflicts between persons and cases and improve the quality and efficiency of trials.

Member of the Standing Committee of the Guangdong Provincial People’s Congress Vice President of the Provincial Lawyers Association

Liu Tao

In fact, I think this (quick adjudication) standard can be continuously improved according to the actual situation, and as many intellectual property protection cases as possible can be included in the expedited adjudication procedure. Our methods of preliminary judgment and temporary injunction can be extended to as many cases as possible, so that our intellectual property rights holders can be effectively protected.

Source: Guangdong Radio and Television Station

More intellectual property information and services

Follow the official subscription account of [Shenxin Intellectual Property] on the code

Follow the official service account of [Shentrust Intellectual Property Service Platform] on the code