Southern Network News (Reporter Su Yunju) The protection of intellectual property rights is the protection of innovation, and the sustainable development of scientific and technological innovation is inseparable from the escort of the judiciary.
The Guangzhou Intellectual Property Court (hereinafter referred to as the "Guangzhi Court") has always adhered to the guidance of the socialist ideology with Chinese characteristics in the new era, based on the trial, serving the overall situation, focusing on high-quality development, putting forward a series of specific measures, conscientiously fulfilling the duties and missions of escorting the scientific and technological innovation of the "dual zones" and "four platforms", promoting cross-border diversified dispute resolution, optimizing the business environment, and providing strong judicial services and guarantees for Guangzhou Nansha to deepen the comprehensive cooperation between Guangdong, Hong Kong and Macao facing the world.
Innovation in judicial protection.
Focusing on scientific and technological innovation, the Guangzhi Institute has continuously strengthened the punishment of patent infringement, strictly reviewed malicious litigation behaviors such as abuse of rights, and concluded patent dispute cases involving a large number of high-tech enterprises such as Huawei, TCL, and Samsung, so as to effectively protect cutting-edge scientific and technological innovation in various fields.
Focus on fair competition, severely punish infringement behaviors such as trademark climbing and counterfeit hitchhiking, continuously strengthen the protection of well-known trademarks, well-known brands, time-honored brands, etc., and serve the construction of a strong brand province. The concluded cases of OPPO v. Siswell for abuse of market dominance and the "King of Comedy" unfair competition dispute were selected as typical anti-monopoly and anti-unfair competition cases of the Supreme Court.
Focusing on cultural prosperity, we actively explore the rules for the protection of intellectual property rights in emerging fields, properly try cases involving software development and creation, and ensure the healthy development of Guangdong's characteristic industries.
A number of intellectual property dispute cases have been concluded in Guangzhou, attracting more and more multinational high-tech enterprises to make Guangzhou the "preferred place" for international intellectual property dispute resolution, and the flower of innovation is blooming in the Bay Area.
Practice justice for the people.
In response to the intellectual property protection needs of high-tech enterprises, the Guangzhi Institute has set up a total of 5 circuit courts, 2 litigation service offices, and 5 excellent judges' studios in the national high-tech zone to deliver litigation services to the "doorstep" of high-tech enterprises. The reform experience of "establishing a cross-regional intellectual property remote litigation service platform" was selected as the third batch of reform measures to support innovation, and was written into the "Outline for the Construction of an Intellectual Property Power (2021-2035)".
Adhere to the non-litigation dispute resolution mechanism at the forefront, and strive to create a well-known model of the "Fengqiao Experience" in the new era. Take the lead in jointly building the Guangdong Intellectual Property Dispute Mediation Center with the Provincial Administration for Market Regulation (Provincial Intellectual Property Office) and the Provincial Intellectual Property Protection Center, forming a working structure with the resident lawyer's studio as the core, 28 specially invited mediation organizations and remote litigation service platforms as the extension, and resolving conflicts and disputes for the masses in a "more, faster, better and more economical" way.
Reform leads development.
Reform and innovation are the source of vitality for development and progress. In the "World of Warcraft Case" and the "Sanya Motorcycle Case", we actively applied systems such as litigation injunctions to protect scientific and technological innovation achievements in a timely manner. Formulate guidelines for expedited adjudication of first-instance design patent cases, form an expedited adjudication mechanism that combines first-instance and second-instance adjudication, and actively and prudently apply punitive damages and litigation preservation systems, so as to effectively alleviate the difficulties in protecting intellectual property rights. Issued work guidelines to deal with commercial rights protection lawsuits, and implemented the handling model of "court leaders taking the lead in guiding, professional meetings collectively researching, judges accepting cases to close cases within a time limit, and other judges to settle cases in a centralized manner", to promote the high-quality and efficient conclusion of a series of cases.
Explore the establishment of a diversified technical fact-finding mechanism of "technical investigator + technical consultant + technical expert", establish a priority examination mechanism for patent invalidation with the State Intellectual Property Office, build the country's first technical investigation laboratory, create a technical investigation talent pool in the Greater Bay Area, and provide reference samples for exploring the technical investigation mechanism. In the case of infringement of invention patent rights between Central Ecotec Co., Ltd., CommScope Tiancheng and Yingfu Company, a variety of means were used to conduct technical investigations, protect the development of China's environmental protection agricultural enterprises in accordance with the law, and effectively ensure the resumption of work and production of vegetable basket enterprises in the Greater Bay Area. The identification mechanism was selected as the first batch of typical cases for the construction of an intellectual property power, and was awarded the "Guangdong Court Reform and Innovation Award".
We have promoted the construction of smart courts in depth, independently developed an intelligent assistance system for all-element adjudication of design cases, and automatically generated judgments with a completeness of more than 80%. Since 2016, the online case filing rate has been more than 96%, and the "Internet +" model of court trial, mediation, expert argumentation and other technological empowerment provides scientific and technological support for the whole process of online case handling, and realizes continuous online filing and efficient case handling.