April 26 is the 22nd World Intellectual Property Day. The theme of the National Intellectual Property Publicity Week in 2022 is to comprehensively open a new journey of building an intellectual property power. On April 21, the Supreme People’s court launched the 14th “Intellectual Property Publicity Week”. The relevant person in charge said that in 2021, the people’s courts will hear a large number of intellectual property civil, administrative and criminal cases fairly and efficiently, and the number of intellectual property cases accepted and concluded reached a record high, both exceeding Shanghai Pudong Development Bank Co.Ltd(600000) .
Lin Guanghai, President of the third civil division of the Supreme People’s court, introduced that in 2021, the people’s court received 642968 new intellectual property cases of first instance, second instance and application for retrial, and concluded 601544 cases (including old ones, the same below), an increase of 22.33% and 14.71% respectively over 2020. The people’s court tried a number of cases with great influence and typical significance, such as the trademark infringement case of “shuangfeiren”, “vanillin” technical secret infringement case, “driving school joint venture” horizontal monopoly agreement case, “diabolo acrobatics” copyright infringement case, etc., which demonstrated the determination and confidence of the people’s court to protect intellectual property rights and maintain the order of fair competition in the market.
In view of the problems of “difficult proof, low compensation, high cost and long cycle”, the people’s court reduces the burden of proof on the obligee by actively applying the obstruction and exclusion of evidence and preservation of evidence according to law; Through the application of punitive damages, the amount of compensation was continuously increased, and punitive damages were imposed on infringers in 895 cases in 2021; Shorten the trial cycle by applying the systems of small amount litigation procedure, independent system of ordinary procedure, independent system of second instance and “advance judgment + temporary injunction”.
The “three in one” reform of civil, administrative and criminal affairs has been steadily promoted, and the important role of intellectual property criminal justice in intellectual property protection has become increasingly prominent. Local courts have tried a number of major cases, focusing on punishing crimes such as counterfeiting registered trademarks of epidemic prevention materials, piracy of Internet movies, infringement of trade secrets in key technical fields, and seed production and sales, so as to effectively safeguard the social and public interests and protect the interests of obligees. In addition to the cases of intellectual property protection and typical intellectual property protection, the Supreme People’s Court of China has also issued 36 major intellectual property protection cases and typical anti-monopoly cases. Conclude new types of cases involving “one out of two” platforms, and actively respond to the judicial needs of new technologies, Shenzhen New Industries Biomedical Engineering Co.Ltd(300832) , new business forms and new models for intellectual property protection.
It is understood that the intellectual property court of the Supreme People’s court has achieved remarkable results in the past three years, and the appeal mechanism of intellectual property cases at the national level has been further improved. At present, a specialized trial pattern, led by the intellectual property trial department of the Supreme People’s court, exemplified by the intellectual property court, focused on the intellectual property court of the local court and supported by the intellectual property trial department of the local court, has been basically completed. The diversified technical fact finding mechanism has been continuously improved, and the “national court technical investigation talent pool” has included a list of more than 450 technical experts, covering more than 30 technical fields.
On the same day, the Supreme People’s court successively issued the judicial protection of intellectual property in Chinese courts (2021), the top 10 intellectual property cases and 50 typical intellectual property cases in Chinese courts in 2021. Among them, the dispute between Jiangsu Jindi Seed Technology Co., Ltd. and Jiangsu qinnongtian agricultural industry development Co., Ltd. over the infringement of the right of new plant varieties is a new plant variety infringement case involving “Jinjing 818”, which was selected as one of the top 10 intellectual property cases in Chinese courts in 2021; The dispute between Hunan Yahua Seed Industry Research Institute and Zhang Yang over infringement of new plant variety rights was selected into 50 typical intellectual property cases in Chinese courts in 2021.
Author: farmer daily · China rural network reporter Li Xiuping
