Chengdu Intermediate Court Intellectual Property Rights Court: Summary of Work in 2019 and Work Plan for 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, and actively participating in the creation of national intellectual property rights demonstration city activities 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 professional level 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 like it. I used the eight words of Jude puzzle and righteousness to associate 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 the 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 of the whole court transformed 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 improves the awareness and application of intellectual property rights protection of enterprises, and protects both orderly competition and full free competition. 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 intellectual property rights and complaints and complaints from 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 center is centered on the establishment of the national model city of intellectual property rights 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 creation work

In February of this year, our court actively participated in the research of our hospital to create a national model service for intellectual property rights, and assisted in the formulation of 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 the three grass-roots courts jointly formed a group of 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. 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 the court's intellectual property rights trial, and actively explores and grasps the convergence of judicial protection of intellectual property rights 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 the Central South University of Economics and Law, conducts research on the process of coordination of judicial and administrative work on intellectual property rights, 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 demonstration city of national intellectual property rights 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 Cases of 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-trial injunction, property and evidence preservation, evidence distribution, jurisdiction, etc., in a concise and common language, comprehensively introduces the program requirements of each stage of intellectual property rights 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.