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Senior Court 2019 Work Plan


The provincial high court xx court-year work plan In the past year, the total number of cases received by our court reached 337. Through the joint efforts of the comrades in the whole court, 192 cases were concluded, an increase of 24.7% over the previous year. The per capita settlement was 24; the number of outstanding cases was 145, an increase of 26.8% over the previous year. Therefore, the year will be a more arduous year for the trial of the court. In the new year, the trial of intellectual property rights should focus on the theme of fairness and efficiency, further increase the number and quality of cases, complete arduous trial tasks, and do a good job in research and guidance to make new contributions to Guangdong's scientific and technological innovation and economic development. . In terms of work ideas, after last year's "playing the foundation", this year's thinking is based on "seeking development" and strives to "see new image in team building, new achievements in trial work, and research and guidance to achieve new results." Based on this, we have drawn up the following work plans: 1. Strengthening ideological construction with the judiciary as the core, improving the trial style with the theme of fairness and efficiency. We must continue to conscientiously study and implement the spirit of xx and adhere to the overall spirit of xx. Guide the practice of intellectual property rights trial work with the important idea of ​​"xxxx". The goal of building a well-off society in an all-round way, speeding up the socialist modernization drive, vigorously implementing the strategy of rejuvenating the country through science and education, and strengthening the protection of intellectual property rights is still the guiding ideology for the trial of intellectual property rights. At the same time, it is necessary to combine the requirements of “accelerating development, taking the lead in development and coordinated development” and the actual situation of the current trial of intellectual property rights in Guangdong, and consolidate the achievements of the “Year of Construction of the Organs” and the “Judicial Inspection” of the Supreme Court. Strengthening service awareness and innovation awareness, pioneering and enterprising, creating a clean, diligent, clean and efficient trial team, making new contributions to safeguarding the fairness and justice of the whole society and safeguarding the good environment for the protection of intellectual property rights in our province. . We intend to carry out work in the following three aspects: 1. Complete various learning and educational activities according to the requirements and arrangements in the hospital; 2. Improve the political study, clean government construction and trial style system of the court, and standardize the political study of the court; Give full play to the pioneering exemplary role of the party battalion's fighting bastion and party members, improve and improve various organizational activities, and establish the regular talks and heart-to-heart activities of the branch members and court leaders with the cadres of the court, and conduct warning talks when necessary. Second, take a variety of measures to fight for more cases This year's goal of the court is "two increases and one reduction", that is, the number of cases closed and the number of cases closed per capita have increased compared with the previous year, and the number of cases has decreased. In order to complete the trial task this year, in addition to perfecting the collegiate system in the organization, the court will also take the following measures: 1. Identify the target of handling cases. Each trial officer handles no less than 35 cases throughout the year. Although there is no uniform and specific requirement for the number of cases handled by judges and corresponding reward and punishment measures, and the difficulty level of the case is different, according to the actual acceptance of the case by the court, we propose specific case handling indicators as guidance and implement each Individuals make their work goals clearer. 2. Reasonably arrange all work. The first is to rationally arrange political study and trial work. Political learning must be carried out throughout, the methods must be flexible and diverse, and the trial work is our own duty, and we must continuously improve work efficiency. The second is to arrange the research and guidance work and the case handling work reasonably, so as to achieve the two mistakes and keep pace. Third, arrange trial work and business learning. Promote trials by handling cases to improve business standards and strengthening theoretical training. 3. Coordinate arrangements and prioritize the settlement of cases. At the beginning of the year, according to the case of the court, the situation of the case that will be over-reviewed will be analyzed, the task will be clearly defined, and priority will be given. 4. Strictly handle the case. In accordance with the relevant provisions of the Supreme Court and the Court, the provisions on pre-trial, trial, collegiality, production of legal documents, and delivery of legal documents in the handling of cases shall be strictly implemented, and strive to complete specific tasks within the prescribed time. 5. Organize and evaluate in a timely manner. Taking a unified time to handle the case in a unified manner is a new measure to speed up the handling of cases. The court will organize one or two closed cases as appropriate. 6. Strengthen supervision. According to the statistics in the hospital, the court should follow up the inspection and supervision, remind the presiding judge and the collegiate bench to try as soon as possible. By adopting the above measures, all intellectual property rights cases will be tried within the limits of trial and a virtuous circle will be achieved. Third, refine the division of labor and improve the efficiency of trials In the face of the sharp rise in the case of intellectual property rights and the serious lack of judicial power, we must give full play to the functions of the collegiate bench, implement various work responsibility systems, and ensure the completion of this year's trial tasks. This year, I plan to ask the party group to give strong support and enrich the trial force as soon as possible. 1. Defining the division of labor between the collegial panels. Based on the types of intellectual property rights cases and the characteristics of different types of cases, we will further refine the division of labor and tasks of the collegiate bench. There is a division of labor and no separation. The first collegiate bench is relatively focused on patents, technology contracts, and unfair competition disputes. The two collegiate chambers focus on the trial of trademarks, copyrights and other disputes, and basically correspond to the Supreme People's Court in the organization, which is conducive to improving the professional level and efficiency of the trial personnel, completing the trial tasks throughout the year, and facilitating the special investigation and research. 2. Further improve and refine the procedures for handling cases between collegiate benches and judges, and implement them conscientiously to make the case handling work standardized and standardized. IV. Summarize case handling experience and strengthen research and guidance. With the development of science and technology, there are some new types of disputes, such as trademarks and trade names, trademarks and company names, unique names of trademarks and well-known commodities, patents and patents, patents and copyrights. Rights conflicts, network intellectual property rights disputes, and patent equivalent infringement cases have increased in recent years. There is no clear provision in the current law. Therefore, for new types of cases, we should pay attention to research, and strengthen the communication between the courts at the lower and upper levels, and strictly implement the "adherence to law enforcement" proposed by Vice President Cao Jianming at the National Court Patent Trial Work Symposium on October 27, 2008. The principle of unification, adherence to the principle of equal protection according to law, adherence to the principle of appropriate protection, and adherence to the principle of balance of interests." Therefore, in the trial of the aforementioned new types of cases, careful study and timely reporting should be given high priority. When necessary, especially in the cases of “first case” and “first case”, they should be referred to the Supreme People's Court for their guidance according to the complicated circumstances of the applicable law. Attach importance to research, sum up experience in a timely manner, and strengthen guidance to lower courts. Specifically, the following work is planned: 1. Seriously analyze the situation of 192 second-instance cases concluded by the court last year. Cases and typical cases that have been changed by this court should be carefully analyzed, summed up the facts and legal issues existing in them, and strive to be completed by the end of March. On this basis, in the first ten days of April, a symposium on the trial of intellectual property rights in the province was held to jointly study the status quo of intellectual property trial work and jointly improve the level of intellectual property rights trial work in the province. 2. With the title of “New Problems, New Situations and New Measures for the Judicial Protection of Intellectual Property Rights in the Province after the Entry into the WTO”, we will conduct investigations and studies, strive to obtain research results, and submit relevant judicial proposals to the provincial party committee and the provincial government. 3. Each judge shall write a case study or other research article on the case he has tried, and send it to the court magazine or other magazine for publication, not less than three per person per year. 4. Organize the province's power to engage in intellectual property rights trials, actively write special research articles and case studies, and strive to publish a quarterly publication of the "Intellectual Property Rights Trial Newsletter". 5. Actively write and publish the "Intellectual Property Rights Trial Practice and Theoretical Research" as soon as possible. With the approval of the leaders of the scholastic court and the court's repeated contacts, the court reached a cooperation agreement with the Southwest University of Political Science and Law's Intellectual Property Law Research Center. It plans to jointly study the issues of intellectual property rights trials and theories, and publish 1-2 issues of intellectual property rights trial each year. Practice and theoretical research,

In order to improve the theoretical research level of the court, and to promote the experience of intellectual property rights trials in our province. 6. Conduct a special investigation and guidance on the intellectual property rights trial work of the Guangzhou Dongshan District Court, the Shenzhen Nanshan District Court and the Foshan Nanhai District Court. On October 22nd, the court issued the Notice of Guangdong High Law [~] No. 218 on the Designation of Civil Disputes over the First Instance of Intellectual Property Rights in the People's Courts of Guangzhou, Shenzhen and Foshan, and designated Guangzhou Dongshan District Court, Shenzhen. The Nanshan District Court and the Foshan Nanhai District Court accepted some civil disputes concerning intellectual property rights. A comprehensive investigation and study will be conducted on the implementation of the notice and the problems in the implementation, and guidance will be strengthened. 7. Standardize the business learning system of the Court and institutionalize and standardize the business learning of the Court. Timely analysis and research on new regulations and judicial interpretations as well as difficult and common problems encountered in handling cases. Actively participate in various Supreme Court and national seminars to improve business and ability. V. Using academic resources to conduct collaborative research Guangdong is a large industrial province and a province with intellectual property rights. It has a large number of patents, trademarks and copyrights. Therefore, there are many institutions and personnel engaged in the development, application, coordination, trade and related legal research, consultation and service of intellectual property rights. They pay attention to and study the intellectual property rights laws of China from different angles and different fields. For the court, it is mainly the judicial protection of intellectual property rights. In order to better understand the overall situation of the development of intellectual property rights in our province, better protect intellectual property rights, and promote scientific and technological progress, we intend to carry out the following work: 1. In late August, we will hold a special seminar on intellectual property rights. Co-organized a seminar on intellectual property protection with the Center for Intellectual Property Research of Southwest University of Political Science and Law, and strived to extend the participation of representatives from Hong Kong and Macao. It is mainly aimed at the outstanding problems in the trial of intellectual property in our province. It invites scholars in the province to engage in intellectual property rights research, intellectual property rights administrative law enforcement agencies, intellectual property rights intermediaries, intellectual property rights litigation agents, and representatives of enterprises with patents and copyrights. And other provincial and municipal departments of intellectual property rights trial judges and experts to jointly study and jointly promote, improve the intellectual property rights awareness of enterprises, and strive for their broad understanding of intellectual property rights trial work. 2. Establish an expert advisory committee. Since intellectual property rights cases involve various fields of science and technology, the technical problems involved are very complicated and are not attainable by judges. Therefore, it is necessary to collect a list of experts and establish an expert advisory committee. First, you can consult and discuss difficult technical issues. Secondly, according to the needs of the trial work, some experts can be invited to serve as the people's assessors. In the past few years, we have hired some experts to serve as jurors, and the results have been good. This year, based on full understanding, some experts will continue to be hired as jurors. 3. Continue to strengthen contact and exchanges with the province's intellectual property rights office meeting, strengthen cooperation with other administrative law enforcement departments, and jointly improve the law enforcement level of intellectual property rights protection in our province. Xx court ~ year x month x day

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