Chengdu Intermediate Court Intellectual Property Court: Summary of Work in 2019 and Work Plan in 2019

Summary of work in 2006 and work plan for 2007

Chengdu Intermediate People's Court

In 2006, under the leadership of the Party Group of the People's Republic of China, under the guidance of the relevant departments and under the guidance of the Municipal Party Committee, the National People's Congress and the higher courts, the People's Court was guided by Deng Xiaoping Theory and the important thinking of the "Three Represents" and guided by the scientific development concept. "Fairness and efficiency" is the main line of work, with the aim of striving for first-class, taking the educational activities of the socialist rule of law as an opportunity, based on the trial of intellectual property rights and foreign-related cases, actively participating in the establishment of national intellectual property rights demonstration cities, in order to strictly manage Promote norms, trials, openness, justice, service, and trials, and focus on promoting harmony for the people.

This year, the court accepted 373 cases of various types and concluded 270 cases. Among them, 6 cases of commercial disputes were accepted and 1 case was closed; 314 cases of intellectual property rights were accepted [246 new receipts, 68 old ones], 242 cases were closed; 53 cases involving foreign-related, Hong Kong, Macao and Taiwan commercial disputes were accepted [new collection 23 Pieces, 30 old ones, and 27 pieces. The summary of the case was RMB 247 million. The closing rate of the lawsuit within the whole court is 100%, the closing rate within the normal trial limit is 90.37%, and the high-efficiency closing rate is 55.74%. The rate of retrial and retrial of the protest case accounted for 14.89% of the protest cases in the year, and the first-instance judgment rate was 82.59%. No case was re-trial. In the year, 9 cases were handled by the higher authorities or leaders, and 100% of the total number of applications were reached; the quarterly settlement balance was 7.75, which was 2.25 fewer than the hospital target; the mediation settlement rate reached 61.85%. Completely overfulfilled the objectives and tasks of the hospital. The whole court has carried out solid and fruitful work mainly in the following aspects:

First, update the judicial concept and build a harmonious society

The whole court insists on guiding the overall situation with the scientific concept of development, planning the work of the whole court in the overall situation of economic and social development, deepening the education of the socialist rule of law concept, and insisting on "raising the banner, grasping the team, bringing the team, and promoting development". Work ideas, further strengthen the systematization and scientific construction of the judicial work system, unify the judicial guiding ideology of the police in the whole court with the correct concept of the rule of law and value orientation, unswervingly adhere to the socialist political direction of judicial work, and adapt to the development of the situation. Need, adapt to the requirements of the people, consciously establish and implement modern rule of law concepts such as the administration of the judiciary for the people, fairness and justice, and the overall situation of service, continuously promote the innovation of judicial concepts and work innovation, and achieve justice for the people, standardize justice, justice, civil justice, and honest justice. Harmony and justice, and promote the healthy and in-depth development of all work.

Justice for the people to see the truth

The interests of the people are above all else. This is the basic principle that the court has always adhered to in the trial activities. The whole court firmly grasped the opportunity of education on the socialist rule of law concept, and ensured the unity of judicial behavior and legal effects, political effects and social effects, and won the praise of the parties. This year, our court received three letters of thanks from the original, defendant parties and their agents from Hainan, Sichuan and Shaanxi. The letter is full of infringements against the new varieties, trademarks and copyrights of the judges of our court. The professionalism and trial style of admiration and gratitude reflected in the case. The letter wrote: "Your court has a legal, fair and objective judgment, and the judge's rigorous, efficient and honest work style has left us a deep memory." "This judgment is my agent in other provinces and cities." The most detailed, literary, and convincing in the forty copyright cases, the parties are full of trust in the justice of the case entity and the program. "I used to have no impression of the judge in my mind, but now I I like to associate the eight words of Jude puzzle and righteousness with them. I didn't know where the court of Chengdu was opened before, but now I am willing to associate the good weather with Guotai Min'an."

"Active" trial promotes win-win

The trial is passive, but this passiveness does not mean that the judge can only apply the law mechanically. In view of the professional and technical nature of intellectual property rights cases, most of the parties lacked the experience of litigation and the ability to obtain evidence. The judges in the court converted the “passive” trial into a “active” trial, making full use of judicial resources and grasping the essence of the dispute. Under the premise of maintaining neutrality, correctly exercise the right of interpretation, liberate the two sides from the state of opposition and tension as much as possible, and actively guide both parties to focus on the measurement of substantive interests and resolve disputes as a whole and fundamentally. . Emphasis is placed on the judicial protection of intellectual property rights, which not only promotes technological innovation of enterprises, but also rapidly enhances the awareness and application ability of intellectual property rights protection of enterprises, and protects both orderly competition and full free competition according to law. For example, in the case of Zhou Yunwu v. Chengdu Runli Slope Protection Company's “Steel Rope Cross-Buckle” utility model patent infringement dispute, the judge found through investigation that the right holder had patent rights, but the production capacity was far from strong. If it is simply judged according to law, it may lead to the idle production and sales capacity of the infringer, and the right holder can not immediately fill the market demand. Weighed repeatedly, the judge took a new mindset to hear the case. Under the auspices of the court, the two sides negotiated and signed a patent implementation license contract, which not only completely resolved the dispute, but also contributed to the transformation of technological achievements. Through the "active" trial, the opponents of the litigation become partners of cooperation, achieving a win-win effect.

Mediation is the main guarantee

The whole court adheres to the working principle of "mediation is the main task, and the combination of judgment and judgment". According to the characteristics of the case, the mediation work is carried out according to the person and the case, and the correct and proper exercise of the right of interpretation is combined to encourage the parties to shake hands. In the mediation work, the concept of one-sided protection transforming the balance of interests is not only considering the personal interests of the parties in the case, but also starting from the overall interests of the society, considering the problems from the overall situation, focusing on the complicated contradictions, the parties' disputes, and the difficulty of applying the law. The media has a lot of cases to mediate and provide quality judicial services for the construction of a harmonious society. Through unremitting efforts, the total mediation settlement rate of intellectual property rights and foreign-related commercial disputes in the court reached 61.85%, and it was achieved that "the combination of judgment and judgment was completed and the case was closed." Moreover, the cases of mediation settlement have the characteristics of high execution rate, and the parties are promptly and actively performing on the spot or after reaching a mediation agreement. Maximize the pursuit of the maintenance of the interests of the parties and the maintenance of social harmony, and achieve a harmonious and orderly court and society, judges and the public, judges and parties and parties. We have continued to maintain the status of zero complaints and complaints from intellectual property rights and foreign-related commercial cases since the establishment of the court.

Second, provide judicial guarantees, optimize the environment for innovation

In the "Strict Management Year" of our hospital, the whole court is centered on the establishment of the national smart intellectual property model city in the city, based on judicial justice, highlighting extended services, expanding trial space, and actively building a standardized and service-oriented judiciary to promote me. The harmonious development of the city's economy, politics, culture and social construction provides a strong judicial guarantee.

Provide institutional guarantees, service establishment work

In February of this year, our court actively participated in the research of our hospital to establish the work service of the national model city of intellectual property rights, and assisted in formulating the "Opinions on Further Strengthening the Judicial Protection of Intellectual Property Rights and Improving the Ability of Independent Innovation", and proposed 35 articles. Specific measures, from the establishment of the case, trial, implementation, team building, propaganda mechanism, linkage mechanism and other aspects of the establishment of judicial guarantee behavior, for the intellectual property rights judicial protection to establish a strong service mechanism.

Understand social needs and make a judicial response

Determining disputes is the most direct and important function of the court. However, as a force of public management, its functions of discipline and guidance to society make it more important for social control and participation. Therefore, the whole court has stepped out of the nest to solve disputes alone, to explore the deep-seated problems in the judicial trial, to find out the gap between the existing judicial environment and social needs, and to make a judicial response to the settlement of disputes. This year, our court and three grass-roots courts jointly formed a research group on independent innovation and intellectual property rights judicial protection, and carried out empirical research on the status of independent innovation in Chengdu and the judicial protection response strategy. Our court has distributed more than 200 questionnaires involving more than 80 questions to enterprises, party and government organizations and industry associations, from the overall situation of independent innovation in Chengdu, the independent innovation of enterprises and institutions, the status of judicial innovation in Chengdu, and the public. The demand for judicial protection of independent innovation is sought for their needs for court intellectual property rights trials, and actively explores and grasps the convergence of intellectual property rights judicial protection with the economic development of our city and our province. On this basis, we completed four empirical research reports, such as “Improving Judicial Practice and Social Needs in Independent Innovation Capability” and “Judicial Measures for Courts to Respond to Improving Independent Innovation Capability”, from adjusting trial strategies, expanding trial warning effects, and developing information. The carrier, the demonstration effect of the expansion case, etc., proposed to open up a new situation in the judicial protection of the Chengdu court and establish a new image of judicial protection. The research results were reported to the municipal party committee, the municipal people's congress, and the municipal government in the form of special reports, and finally formed a leadership decision. Ge Honglin, deputy secretary of the Chengdu Municipal Party Committee and mayor, attached great importance to and adopted relevant recommendations. The instructions require the government to strengthen coordination with the courts, and work hard to combine the administrative management with the rule of law management to form the most optimal working mechanism in the country. At present, the research group composed by the government and the court, together with the Center for Intellectual Property Rights of Zhongnan University of Economics and Law, studies the process of the coordination mechanism of intellectual property judicial and administrative work, and will complete the research results in the near future.

Implement litigation guidance and increase convenience measures

In order to provide high-quality judicial services in the establishment of a national smart property demonstration city in Chengdu, and to optimize the innovation environment in Chengdu, after nearly half a year of careful preparation, our court recently completed the "Guide to Litigation of Civil Litigation in Intellectual Property Rights" and published it online. It will be distributed to the public free of charge in the near future. The guide has a total of 13 topics, from the legal basis, technical appraisal, pre-litigation prohibition, property and evidence preservation, evidence distribution, jurisdiction, etc., in a concise and common language, comprehensively introduces the program requirements of each stage of the intellectual property litigation, from the facts The evidence, the law and other aspects are explained to the parties, and the parties are instructed to correctly exercise the right of action, which greatly facilitates the litigation of the parties.

The trial is open and transparent, accepting social supervision

In August of this year, based on the comprehensive online access of intellectual property rights judgment documents since last year, our court further publicized the foreign-related, Hong Kong, Macao, Taiwan, and Taiwan commercial and commercial case judgment documents online. This move has not only been in line with international practice, but also an important part of establishing open, transparent and fair intellectual property rights and foreign-funded commercial trial operation mechanism. This year, in total, 289 copies of the refereeing documents were published online. In April of this year, the "Intellectual Property Judgment Document Selection" prepared by our court was published by the Chinese Legal Publishing House, which will further strengthen the public's understanding of the judicial protection of intellectual property rights in Chengdu.

In addition, our court also actively invited more than 200 NPC deputies and 46 representatives of 46 party and government organs in Chengdu to attend the trial of intellectual property rights cases and listen to their opinions after the trial ended to further improve the trial work. This year, the National People's Congress also accepted the inspection of the patent trial work of Chengdu Intermediate People's Court. The openness of the trial is conducive to the integrity of the judges and the fairness of the trial; it is conducive to improving the quality of the trial, avoiding the transfer of the unqualified judgment documents; it is conducive to improving the efficiency of the trial.

Emphasize extension function and expand trial space

The first is to start with typical cases and improve the propaganda and guidance mechanism. This year, with the "4·26" World Intellectual Property Day as an opportunity, the whole court compiled the "Chengdu Wisdom Property Case Selection", and analyzed 28 typical cases of intellectual property rights, and established the Intellectual Property Demonstration City Mobilization Conference in Chengdu, Chengdu. As a material for the conference, the software industry development conference distributed more than 2,000 copies to the public, party and government organs, enterprises and institutions in the “4·26” publicity campaign, effectively expanding the social effect; participating in the wisdom of Sichuan Province. The exhibition of property rights protection achievements, paved the special exhibition area introducing the intellectual property rights trial of our institute, and took the street to carry out legal publicity under the unified arrangement of the city; actively cooperated with the media to regularly inform the society about the judicial protection status and typicality of intellectual property rights in Chengdu. Case. Throughout the year, the whole court published 61 propaganda articles in various media, and cooperated with CCTV to produce a TV feature film entitled "Zhang Daqian's Dispute", which was broadcasted in the "Society and Law" column. Participated in the preparation of a white paper on the status of judicial protection of intellectual property rights in the city. The second is to build a working mechanism for the proposal. In response to the loopholes in the intellectual property protection that emerged in the litigation, the company advised the involved enterprises through the method of case judicial advice, and timely summarized the problems arising from the intellectual property rights litigation in the litigation, and notified the relevant enterprises and industry associations in a timely manner. Propose to improve the protection of corporate intellectual property rights. In cooperation with the Science and Technology Bureau of Chengdu Hi-tech Zone, the court conducted legal training on intellectual property rights protection for 33 high-tech enterprises in the high-tech zone on the issue of judicial protection of trademarks and trade secrets; participated in the management of leading cadres such as party and government organs in Longquanyi District. Intellectual property rights legal training; also participated in the intellectual property rights legal training conducted by the Provincial Intellectual Property Office and the Provincial Personnel Department on the leaders and staff of enterprises and institutions in charge of intellectual property rights. The third is to improve the collaborative protection mechanism. 1. Established a notification mechanism. In view of the problem of poor resource utilization such as the dispersal of information related to intellectual property rights, we chose typical cases to focus on innovative enterprises and relevant government agencies, and provide legal references for enterprises to improve self-protection and government policies. He has compiled "Influential Intellectual Property Cases Heared by Chengdu Court after China's Entry into the WTO" and "Influential Computer Software Infringement Cases Heared by Chengdu Court after China's Entry into the WTO", etc., and also targeted for a period of time. The cases of copyright, patent rights, new plant variety rights, and trademark rights were analyzed dynamically, and there were cases, problems, and countermeasures. The targeted reports were reported to relevant institutions, and a total of 7 articles were transmitted this year. 2. Establish an information sharing platform. This year, we participated in the construction of a smart property network platform for the convenience of inquiries and two-way communication with the relevant departments of the municipal government to jointly establish market dynamics, policies and regulations, litigation guidelines, and judicial information as search paths to promote various intellectual property rights. Effective sharing of information. In addition, through the information bulletin, briefings, and situation reports, the court also timely informed the municipal party committee and the municipal government about the situation of intellectual property rights and foreign-related commercial trials. A total of 23 pieces of the above-mentioned materials were prepared throughout the year. The above-mentioned various forms of communication and publicity activities have effectively expanded the trial space, extended the judicial function, and provided high-quality services for the implementation of Chengdu's intellectual property rights strategy.

Third, enhance judicial capacity and enhance the image of the judiciary

The building of judicial capacity and the establishment of judicial image are a long-term and arduous task. The whole court focuses on the building of judicial capacity, taking the judicial behavior as the core, relying on the quality of trials, constantly improving the judicial image and establishing the wisdom of Chengdu Intermediate People's Court. Property rights, foreign-related commercial trials, judicial credibility. This year, our court won a series of honors, including: 2005 advanced research, publicity, judicial statistics work, collectives, civilized pacesetter units, advanced party branch title; was named 2005 in Sichuan Province An advanced collective of the province's "anti-vice and pornography" work.

Exquisite typical cases and expand social influence

This year, on the basis of ensuring the coordination of judgments, our court has generally increased the amount of infringement damages and strengthened the judicial protection. At the same time, through the careful examination of new types, typical, difficult and socially influential intellectual property rights and foreign-related cases, to establish a demonstration effect and expand social impact. In court, I concluded a case concerning whether Chinese medicine formulas have copyright rights, and received extensive attention from media at all levels across the country. I also accepted an interview with CCTV's "Today's Statement" column; and concluded the copyright infringement case of "Zhang Daqian" script. The case was heard. It was broadcasted on the CCTV "Society and Law" column; it recognized the trademarks of "Tian Xiu Xiu", "Dio", "Yu Ting" and "Enwei" as well-known trademarks; it concluded the first infringement of the rights of film works in the city. The case, the first case of the music association and the karaoke operator infringed the lyricist's performance rights case. Among them, the "Liao ribs" unfair competition case was recognized by the Sichuan Provincial People's Government as the top ten cases of intellectual property rights in 2005, and was rated as a guiding case in Sichuan Province by the Provincial High Court. Hong Kong Warner Music Co., Ltd. v. Chengdu Haoledi Music Entertainment Co., Ltd. infringed the rights to broadcast MV works, Rong Zhongerjia v. Chengdu Carrefour Supermarket Co., Ltd. and other patent infringement cases, and Cao Changming’s patent infringement case was also filed by the Chengdu Municipal People’s Government. It is recognized as a typical case of intellectual property rights in 2005. "Tianhu" music network infringes on Internet communication rights, "Nippon" lacquer trademark infringement and unfair competition cases, online domain name infringement of "Tianxiaxiu" well-known trademark rights case, US TH&T company applies for recognition and enforcement of foreign arbitration awards Four cases were rated as exemplary cases by our hospital and made public on the Internet. The ruling of the US TH&T Company for applying for recognition and enforcement of foreign arbitral awards was also awarded the Supreme Court's Foreign Business Judgment Paper Encouragement Award. The judgment documents of 8 cases were rated as excellent documents by the court, and 2 cases were rated as excellent cases by the court.

Strengthen team building and improve judicial public trust

Mature intellectual property rights and foreign-related commercial trials are inseparable from a relatively stable, judge-centered community of professional practitioners. If the trial is the central task of the people's court, then the team is undoubtedly a powerful guarantee for completing the work of the center. The 19 judges in our court are all university graduates, and three of them have studied in the UK and obtained a master's degree in law. In the trial, our court insisted on the implementation of expert judges' plans and the internal and external exchanges of judges, relatively fixed the judge's field of trials, rationalized the intellectual property rights, and the knowledge structure of foreign-related commercial judges, and accelerated their trials in specific intellectual property rights and foreign-related commercial trials. The accumulation of experience. This year, I have exchanged views with the visiting delegation of the Chinese Law Society of Taiwan on the issue of intellectual property protection. Our court also attaches great importance to improving the comprehensive quality of judges and strengthening the construction of judges' culture. Comrade Zhang Yi won the Excellence Award in the speech contest of “Knowledge and shame, leading the new wind” held by the municipal direct labor union.

The ranks of the people's jurors are also an important part of the construction of the court team. Our court has a team of 77 expert jurors, legal consultants, technical consultants and translators. In the trial of intellectual property rights and foreign-related commercial cases, the two-in-one collegiate system is adopted to solve the technical judgment problem in the case by letting the expert people's jurors participate in the trial and provide technical judgment opinions and legal discussions with the consulting experts. Legal problems are solved to promote the resolution of disputes quickly. In the court, we held a symposium on intellectual property rights and foreign-related commercial people's jurors. On the basis of fully listening to their opinions, we improved the work of the courts and trained 24 jurors to conduct legal knowledge and professional ethics and regulate their jury. Judicial behavior enables them to be more competent in trial work.

Strict management mechanism to improve judicial efficiency

This year is the "strict management year" of our hospital. Our court adheres to strict trial quality management, trial process management, and standardized management mechanism of judicial behavior. We have formulated the target operation assessment rules for the process management and electronic archives systems established by our institute. , quantitative management of the completion of various tasks. And the responsibility decomposition system has been established. The president and the vice president are in charge of the group, and the team leader is in charge of the collegiate bench. The leader of the court is responsible for the completion of the work of the team in charge, and the leader is responsible for the completion of the work of the collegiate bench in charge, ensuring that the responsibility is decomposed and implemented. The court has also developed a comprehensive set of target assessment registration books, so that the responsibility is clearly defined. At the same time, our court also pays attention to the clean and honest management of the police, and establishes relevant systems to ensure the establishment of the judge's external image, thus creating an atmosphere of intellectual property rights and foreign-funded commercial justice in the region to enhance foreign investment confidence.

Increase research and support scientific decision-making

Our court insisted on investigating and researching as the theoretical support for work decision-making, and called on the court to pursue the work as a career and to study it as a scholar. Focusing on the design of trials with the purpose of research, for the typical intellectual property rights, foreign-related commercial cases, through the overall observation, national comparison, comprehensive research, breaking the barriers of the judges, geographical barriers and obstacles in the application of cases, improve the judges Judicial ability. In addition to completing the major research topics of "Improving Judicial Practice and Social Needs in Independent Innovation Capability", the research project issued by the Supreme People's Court was completed, starting from the problems existing in the evidence system of commercial secret case trials, and through comparative analysis Suggestions for Improvement. In the whole year, he published 35 research articles and cases in the media of the Supreme People's Court China Intellectual Property Judicial Protection Network, China Foreign Affairs Maritime Trial Network, and China Trial Cases, including English papers, Force Majeure in the Vienna Convention and US Law. A total of 9 articles, such as the Comparative Study of Rules and the Strictly Consistent Principles in the Forehead Certificate; published 133 judgments. The research article “The Value and Function of Expert Jurors in Civil Cases of Intellectual Property Rights and the Improvement of Related Systems” won the third prize of the 18th Academic Symposium of the National Court, and the “Understanding and Recognition of Plagiarism and Plagiarism in Trial Practice” was awarded. Third Prize of the 9th Academic Symposium of the Sichuan Higher People's Court. These research results timely summarize the trial experience and assist in the formation of scientific decision-making.

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