Zhang Jun emphasized at the Fifth National Conference on the Trial of Intellectual Property Rights in Courts.
Comprehensively strengthen the adjudication of intellectual property rights
Serve to ensure the construction of an intellectual property power
On December 15, the Fifth National Conference on Intellectual Property Adjudication of Courts was held in Shenzhen, Guangdong.
The protection of intellectual property rights is related to the modernization of the national governance system and governance capacity, and to the high-quality development, the overall situation of the country's opening up to the outside world, and the happiness of people's lives. In the new era and new stage of development, all sectors of society have higher expectations and requirements for the protection of intellectual property rights in accordance with the law, and judicial services have a heavier responsibility to ensure the construction of a strong country with intellectual property rights. On December 15, the Fifth National Conference on Intellectual Property Adjudication of Courts was held in Shenzhen, Guangdong, to comprehensively summarize the work of intellectual property adjudication since the 18th National Congress of the Communist Party of China, and systematically plan to do a good job in intellectual property adjudication in the new era and new development stage in combination with the implementation of the important deployment of the 20th National Congress of the Communist Party of China and the National Economic Work Conference on innovation-driven development. Zhang Jun, Secretary of the Party Leadership Group and President of the Supreme People's Court, attended.
Zhang Jun, Secretary of the Party Leadership Group and President of the Supreme People's Court, attended and delivered a speech.
Since the 18th National Congress of the Communist Party of China, under the strong leadership of Comrade Zheng with Comrade Zheng as the core, the people's courts have given full play to the function of intellectual property adjudication with a high degree of political consciousness, rule of law consciousness and trial consciousness, and vigorously promoted reform and innovation in the field of intellectual property adjudication. Intellectual property adjudication services have achieved remarkable results in high-quality development, the system of adjudication rules has been continuously improved, the adjudication system and mechanism have been increasingly improved, and the international influence has been significantly enhanced, which has played an important role in stimulating innovation and creativity, maintaining fair competition, and promoting cultural prosperity.
While some progress has been made, there is still a gap between high levels of protection. We must have the courage and determination to 'step forward from scratch now', work hard for a long time to implement the decision-making and deployment on the construction of an intellectual property power, deepen the concept change, system innovation, and quality improvement, and more effectively assume political responsibility, rule of law responsibility, and trial responsibility in strengthening intellectual property judicial services and guarantees. "Focusing on the implementation of the idea of the rule of law and comprehensively strengthening the adjudication of intellectual property rights, Zhang Jun put forward five requirements
Deepen the reform of the concept of intellectual property adjudication. Ideas are the guide to action. The key to promoting the development of intellectual property adjudication work to a higher level is to update the adjudication concept and implement the decision-making and deployment on intellectual property protection to the letter, actively and creatively.
Adhere to the concept of strict protection. The lack of strict protection is the main contradiction at present. The purpose of strict protection is not only to restore the rights and interests of victims, but also to make infringers pay a heavier price, and to establish a clear orientation with strict and fair justice. It is necessary to severely punish infringement and counterfeiting in accordance with the law, make full use of punitive damages, and resolutely and strictly investigate those who should be investigated for criminal responsibility in accordance with the law. It is necessary to provide timely relief in accordance with the law, establish a firm and practice the awareness of "as I am suing", fully grasp the special importance of the timeliness of intellectual property protection remedies to rights holders, give full play to the effectiveness of the system of act preservation, property preservation, and evidence preservation, and improve quality and efficiency on the premise of ensuring fairness.
Adhere to the concept of active justice. Intellectual property rights are statutory, and intellectual property adjudication must be in accordance with the law, but to deepen and implement judicial protection of intellectual property rights, it is possible and should be active in the judiciary. It is necessary to make sure that the "three effects" of case handling are organically unified, and on the basis of clarifying the facts of the entire case and accurately judging the subjective malice of the parties and the degree of harm of their conduct, determine the focus of protection in accordance with law, and grasp the boundaries between crime and non-crime in accordance with law. Criminal punishment is to be applied prudently in accordance with law in cases where there is a certain basis for cooperation between the parties, mainly because the distribution of benefits is uneven, and the subjective malice is not great;Where the perpetrator's infringement is vicious, the harmful consequences are serious, and it is difficult to verify similar cases, even if the infringing party forgives them, they must be severely punished in accordance with law, and those who should be investigated for criminal responsibility will not be lenient. It is necessary to do a solid job of "grasping the front end and curing the disease before it happens", be good at discovering deep-seated problems from individual cases and similar cases, put forward judicial suggestions and work opinions in a targeted manner, and promote source governance and comprehensive governance in key areas. Be good at using information technology, keenly discover so-called "rights protection" cases such as "one case with two lawsuits" and "batch litigation", standardize the scale of adjudication, make the same judgment for similar cases, and fundamentally resolve them in accordance with law. It is necessary to make full use of legal rules, grasp the spirit of the law, creatively use the basic provisions, principle clauses, and legal purpose clauses of intellectual property law, properly respond to new situations and new problems in the field of intellectual property, and promote economic and social innovation under norms and development through innovation.
Adhere to the concept of overall planning and coordination. Law is the art of balance, and judicial adjudication is the process of balancing interests. It is necessary to coordinate the fair and reasonable protection and prevention of the abuse of rights, accurately grasp the relationship between the protection of private rights and the protection of the public interest, and the promotion of innovation and fair competition, and accurately delineate the legal boundaries between the protection of intellectual property rights and the prevention of abuse of rights, and between supporting the exercise of intellectual property rights and regulating the abuse of market dominance, so that the scope and intensity of protection are proportional to the degree of contribution to innovation, so that "true innovation" is "truly protected" and "high quality" is "strictly protected". Research and improve the litigation system to prevent the abuse of intellectual property rights, and resolutely regulate and sanction illegal acts that hinder innovation, such as "patent traps" and "patent piracy". It is necessary to coordinate high-level openness and high-level security, implement the strategic deployment of the Party and the state to strengthen the protection of intellectual property rights, fulfill international obligations such as equal protection and national treatment in accordance with the law, and establish the international credibility of China's judicial protection of intellectual property rights.
Improve the intellectual property adjudication system. It is necessary to optimize the allocation of trial resources, strengthen professional capacity building, and comprehensively improve the quality, efficiency, and effectiveness of intellectual property adjudication around the goal of "specialization of case trial, centralization of jurisdiction, intensification of procedures, and specialization of personnel". Based on the practical needs of implementing the strategic deployment and serving and ensuring high-quality economic and social development, it is necessary to coordinate and optimize the national layout of intellectual property courts. It is necessary to implement the reform of the "three-in-one" adjudication mechanism for intellectual property cases, strengthen coordination and cooperation with public security organs and procuratorial organs, and improve the overall effectiveness of intellectual property protection. The emphasis is on the chemical reaction, not only to determine the nature of the case based on the demands of the parties and the prosecution by the procuratorate, but to the principle that is most conducive to the high-quality development of the economy and society, the most conducive to the protection of the legitimate rights and interests of the parties, and the most conducive to the fair and efficient handling of the case, to coordinate the functions of criminal, civil, and administrative trials, and promote the coordination of civil compensation, administrative performance, and criminal prosecution in accordance with the law, so as to ensure that the adjudication achieves better national and social governance effects.
Improve the adjudication mechanism for intellectual property rights. The key to integrating and promoting the protection of the whole chain of intellectual property rights with higher quality and efficiency of judicial protection lies in "opening up": vertically "acting on orders" and horizontally "gathering responders" to form a joint force for protection. It is necessary to do actual trial supervision and guidance, do a solid job of performance appraisal of all employees, make good use of the trial quality management index system, stimulate endogenous motivation, and strive to promote the realization of better trial quality and efficiency with stricter trial management. It is necessary to achieve a win-win situation, take the initiative to strengthen coordination and cooperation with administrative functional departments, do a solid job of guiding the statutory responsibilities of mediation, strengthen communication and exchanges with various fields of industry, academia, research and application, and achieve a better effect of "1+N" comprehensive protection.
Enhance the international influence of intellectual property adjudication. Comprehensively strengthening the protection of intellectual property rights is a "rigid need" to promote high-quality development, a "standard" for unimpeded international development, and a guarantee for creating a world-class business environment. It is necessary to pay more attention to the quality and efficiency of case handling, concentrate on the fine trial of difficult and complex cases, have the courage to aim at the international frontier and advanced rules, make more judicial rulings that are internationally rule-oriented, and strive to keep up with and adapt to the needs of China's progress from a big country with intellectual property rights to a strong country with intellectual property rights. It is necessary to tell the story of China's intellectual property adjudication, deeply cultivate the "bonanza" of intellectual property adjudication cases, and from the perspective of a global audience, pay attention to both deep and active stories, and highlight China's image as a responsible major country for intellectual property protection with stories that can be understood, understood and accepted. It is necessary to actively participate in the global governance of intellectual property, improve the long-term mechanism for international exchanges and cooperation on intellectual property, and promote the development of the global intellectual property governance system in a more fair and reasonable direction.
Enhance the capacity of intellectual property adjudication. It is necessary to adhere to the direction of regularization, specialization, professionalism, and internationalization, and promote the construction of the political, professional, and professional ethics of the intellectual property adjudication team in an integrated manner. It is necessary to integrate political awareness and the spirit of the law into the handling of cases, and truly ensure that the case is handled from a political point of view and from the rule of law. It is necessary to improve the training and exchange mechanism for intellectual property adjudication talents, not only to tap potential internally, but also to strengthen the "external brain", and to pay more attention to practical training and training, so as to accelerate the formation of a high-quality, professional, and relatively stable intellectual property adjudication team. It is necessary to combine the characteristics of intellectual property adjudication, improve the operation of adjudication power and the supervision and restraint mechanism in a targeted manner, integrate adjudication management, government affairs management, and the construction of a clean government, and implement a highly professional supervision system.
The conference commended 100 advanced collectives and 150 advanced individuals in intellectual property adjudication.
The meeting also commended 100 advanced collectives and 150 advanced individuals in intellectual property adjudication work, and released 8 guiding cases on intellectual property protection.
Ma Yide and Chen Zhilie, deputies to the National People's Congress, Yi Jiming, an expert and scholar, and responsible comrades of the Propaganda Department of the CPC Central Committee, the Supreme People's Procuratorate, the Ministry of Public Security, the Ministry of Agriculture and Rural Affairs, the State Administration for Market Regulation, and the State Intellectual Property Office made exchange speeches. (Swipe left to see more**).
Tao Kaiyuan, vice president of the Supreme People's Court, presided over and read out the commendation notice. Zhang Haibo, Secretary of the Party Leadership Group and President of the Guangdong Higher People's Court, delivered a speech. Ma Yide and Chen Zhilie, deputies to the National People's Congress, Yi Jiming, an expert and scholar, and responsible comrades of the Propaganda Department of the CPC Central Committee, the Supreme People's Procuratorate, the Ministry of Public Security, the Ministry of Agriculture and Rural Affairs, the State Administration for Market Regulation, and the State Intellectual Property Office made exchange speeches. Fang Lan, Zhang Yongming, Huang Chao, Chu Xiaofei, deputies to the National People's Congress, relevant responsible comrades of Shenzhen, Guangdong Province, responsible comrades of relevant departments of the Supreme People's Court, responsible comrades in charge of intellectual property adjudication work of various high courts and main responsible comrades of intellectual property tribunals, main responsible comrades of intellectual property courts and intellectual property tribunals of some intermediate courts, and some representatives of the press attended the meeting at the main venue. The main responsible comrades of the high-level, intermediate and relevant grass-roots courts, as well as the cadres and policemen engaged in intellectual property adjudication, attended the meeting.
Fang Lan, Zhang Yongming, Huang Chao, Chu Xiaofei, deputies to the National People's Congress, relevant responsible comrades of Shenzhen, Guangdong Province, responsible comrades of relevant departments of the Supreme People's Court, responsible comrades in charge of intellectual property adjudication work of various high courts and main responsible comrades of intellectual property tribunals, main responsible comrades of intellectual property courts and intellectual property tribunals of some intermediate courts, and some representatives of the press attended the meeting at the main venue.
*: People's Court News Media Headquarters.
Reporter: Bai Longfei.
Photo: Sun Ruofeng.
Editor: Wei Yue.