Supreme People's Court Releases Overview of Intellectual Property Judicial Protection by Chinese Courts in 2018
Overview of Intellectual Property Judicial Protection by Chinese Courts in 2018
Supreme People's Court, Civil Third Division (Intellectual Property Tribunal)
In 2018, under the strong leadership of the Party Central Committee with Comrade Xi Jinping at its core, the people's courts, guided by Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, comprehensively implemented the spirit of the 19th National Congress of the Communist Party of China, the second and third plenary sessions of the 19th Central Committee, and the Central Conference on Political and Legal Work, and deeply studied and implemented General Secretary Xi Jinping's series of important speeches. They firmly established the "four consciousnesses," strengthened the "four confidences," resolutely upheld the "two safeguards," remained true to their original aspirations, fulfilled their mission, deepened reforms in the field of intellectual property trial, strengthened trial supervision and guidance, actively played a leading role in the judicial protection of intellectual property rights, and provided effective judicial guarantees for achieving the two centenary goals and the Chinese Dream of the great rejuvenation of the Chinese nation.
I. Strengthening Judicial Protection and Exercising the Function of Trial
The people's courts have always adhered to law enforcement and case handling as their primary task, regarding case trial work as the most important of all tasks, and fairly and efficiently trying all types of intellectual property cases in accordance with the law. In 2018, the people's courts newly received a total of 334,951 intellectual property cases at the first, second, and retrial levels, and concluded 319,651 cases (including backlog cases, hereinafter the same), representing increases of 41.19% and 41.64% respectively compared to 2017. Local people's courts at all levels newly received and concluded 283,414 and 273,945 first-instance intellectual property civil cases, respectively, representing year-on-year increases of 40.97% and 41.99%. Newly received and concluded intellectual property civil second-instance cases totaled 27,621 and 26,288, respectively, representing year-on-year increases of 26.60% and 28.08%. Newly received and concluded intellectual property retrial cases totaled 223 and 221, respectively, representing year-on-year increases of 189.61% and 301.82%. The Supreme People's Court newly received and concluded 913 and 859 intellectual property civil cases, respectively, representing year-on-year increases of 81.51% and 74.24%. Local people's courts at all levels newly received and concluded 13,545 and 9,786 first-instance intellectual property administrative cases, respectively, representing year-on-year increases of 53.57% and 53.15%. Newly received and concluded intellectual property administrative second-instance cases totaled 3,565 and 3,217, respectively, representing year-on-year increases of 304.2% and 180.72%. The Supreme People's Court newly received and concluded 642 and 581 intellectual property administrative cases, respectively, representing year-on-year increases of 64.19% and 41.02%. Local people's courts at all levels newly received and concluded 4,319 and 4,064 first-instance cases involving crimes of intellectual property infringement, representing year-on-year increases of 19.28% and 11.59%, respectively. Newly received and concluded second-instance criminal cases involving intellectual property rights totaled 683 and 668, respectively, representing year-on-year increases of 28.14% and 23.70%.
The intellectual property judicial protection work in 2018 showed five important characteristics: First, a significant increase in the number of cases; Second, a significant improvement in the impact of cases; Third, increasing difficulty in trial; Fourth, steady improvement in trial efficiency; Fifth, continuously strengthened protection.
II. Improving the Trial System and Innovating Judicial Reform Models
In 2018, the people's courts made bold reforms and innovations, actively promoting reforms in the judicial system and mechanisms for intellectual property rights, and driving the intellectual property judicial system and capabilities towards modernization.
(I) Establishment of the Intellectual Property Court of the Supreme People's Court
The Intellectual Property Court of the Supreme People's Court was officially established and began accepting cases on January 1, 2019. The establishment of the Intellectual Property Court is a major decision and deployment made by the Party Central Committee with Comrade Xi Jinping at its core from the strategic height of building a strong intellectual property country and a strong scientific and technological power. It is a major reform measure to comprehensively deepen judicial reform and promote fair justice, a significant mark of deepening reform and opening up in the new era, a major achievement of China's 40 years of continuous reform and opening up, a major institutional innovation to strictly protect intellectual property rights, serve the innovation-driven development strategy, and create a world-class business environment, and has very important significance in the history of China's legal construction and the development of the people's judicial cause.
(II) Steady and In-depth Promotion of Intellectual Property Court Construction
Implementing the deliberation opinions of the National People's Congress Standing Committee on the report by Chief Justice Zhou Qiang of the Supreme People's Court on the work of the Intellectual Property Courts over the past four years, continuing to strengthen guidance to the Beijing, Shanghai, and Guangzhou Intellectual Property Courts, and continuously improving the work level of the Intellectual Property Courts. The three Intellectual Property Courts have made solid progress in all aspects of their work, achieving significant results.
(III) Improving the Construction of Cross-Regional Jurisdiction Specialized Intellectual Property Trial Institutions
In 2017, the Supreme People's Court approved the establishment of cross-regional jurisdiction specialized intellectual property institutions in 11 cities including Nanjing and Suzhou. Building on this, in 2018, it further approved the establishment of intellectual property courts in eight cities: Tianjin, Zhengzhou, Changsha, Xi'an, Nanchang, Changchun, Lanzhou, and Urumqi. Strengthening business guidance for specialized trial institutions handling some cross-regional jurisdiction intellectual property cases, continuing to explore the optimization of intellectual property trial resource allocation, and optimizing jurisdictional layout.
(IV) Continuing to Fully Promote the "Three-in-One" Reform
The Supreme People's Court further consolidated the achievements of the "three-in-one" reform, conducted investigations in several provinces and cities, and held national symposiums on the promotion of the "three-in-one" intellectual property trial work and intellectual property criminal trial work in Zhengzhou and Chongqing, conducting in-depth investigations into problems existing in intellectual property criminal trial work, and writing the "Research Report on the Promotion of the "Three-in-One" Intellectual Property Trial Work by Courts Nationwide" and the "Research Report on Intellectual Property Criminal Trial Work by Courts Nationwide".
III. Unifying Trial Standards and Strengthening Trial Supervision and Guidance
In 2018, the people's courts focused their efforts on unifying judicial trial standards, strictly fulfilling their trial supervision responsibilities, and improving the quality and efficiency of intellectual property trials.
(I) Convening a National Trial Work Conference to Summarize and Deploy Current Work
In July 2018, the Supreme People's Court held the Fourth National Intellectual Property Trial Work Conference in Qingdao. Chief Justice Zhou Qiang made important instructions on this conference. The conference commended advanced collectives and individuals from courts nationwide who emerged in intellectual property trial work over the past five years. Vice President Tao Kaiyuan of the Supreme People's Court deeply summarized the work of the past five years at the meeting, analyzed the current situation and tasks, deployed the intellectual property trial tasks for the coming period, and provided important guidance for intellectual property trial work nationwide.
(II) Strengthening the Research and Formulation of Judicial Interpretations
Issuing the "Supreme People's Court's Provisions on Several Issues Concerning the Intellectual Property Court" and the "Supreme People's Court's Provisions on Several Issues Concerning the Application of Law in Reviewing Cases of Behavior Preservation in Intellectual Property Disputes"; drafting the judicial interpretation on the participation of technical investigators in litigation activities; accelerating the drafting of the judicial interpretation on the trial of patent authorization and confirmation administrative cases.
(III) Improving Judicial Policies and Completing Work Entrusted by the National People's Congress
Formulating and issuing the "Notice of the Supreme People's Court on Strengthening the Judicial Protection of the Legal Rights and Interests of "Red Classics" and Heroes and Martyrs and Promoting Socialist Core Values," drafting the "Letter from the Office of the Supreme People's Court on Incorporating Relevant Content on "Strengthening the Judicial Protection of Red Classics and Promoting Socialist Core Values" into the Revision of the Copyright Law" and the "Report on the Situation Concerning Strengthening the Judicial Protection of Intellectual Property Rights of Red Classics." Submitting the "Report of the Supreme People's Court on the Study and Implementation of the Law Enforcement Inspection Report and Deliberation Opinions of the National People's Congress Standing Committee on the Copyright Law".
(IV) Actively Participating in the Compilation, Revision, and Drafting of Laws
Actively participated in the revision of laws and regulations such as the Civil Code, Patent Law, Copyright Law, Anti-Unfair Competition Law, Trademark Law and its implementation regulations, and the Plant Variety Protection Regulations. Combining judicial practice, timely organizing special research and demonstration, carefully summarizing the judicial policies and experiences formed in judicial practice, and putting forward targeted suggestions for amendments.
(5) Strengthen judicial research and case guidance work
In November 2018, the Supreme People's Court held a symposium in Hangzhou to solicit opinions on the "Several Provisions on Evidence in Intellectual Property Civil Litigation (Draft)", conducting research on the judicial interpretation of evidence in intellectual property civil litigation. In collaboration with the Trademark Office of the State Administration for Market Regulation, research was conducted on the issue of malicious trademark registration, and suggestions were put forward on measures to legally regulate the behavior of malicious trademark grabbing. A symposium commemorating the 10th anniversary of the implementation of the Anti-Monopoly Law was held to summarize the experience of anti-monopoly civil trials. Research was conducted on the conflict of rights between copyright and design patent rights. Research was also conducted on the judicial protection of innovative business model achievements. In April 2018, Tao Kaiyuan, Vice President of the Supreme People's Court, presided over a work symposium and theoretical seminar on intellectual property judicial protection of the Supreme People's Court Intellectual Property Judicial Protection Research Center and delivered a speech.
IV. Deepen judicial openness to promote fair and efficient justice
In 2018, the intellectual property trial work of the people's courts resolutely implemented the important decisions and deployments of the Party Central Committee on comprehensively deepening reform and comprehensively advancing the rule of law, actively promoting judicial openness, building an open, dynamic, transparent, and convenient sunshine judicial mechanism, and achieving remarkable results.
(1) Increase publicity efforts to enhance judicial influence
On April 27, the Supreme People's Court organized a "Women in Intellectual Property Rights Symposium" to consider how women in intellectual property rights in the new era can transform their wisdom and responsibility into the driving force for innovation. Tao Kaiyuan delivered a keynote speech entitled "Cultivating Both Internal and External Qualities, Using Gentle Justice and Judicial Wisdom to Set Sail for the Reform and Innovation Giant Wheel with Deep Affection". The symposium showed a music short film with lyrics written by Tao Kaiyuan, "Intellectual Property Rights Song", depicting the aspirations, mission, and sentiments of intellectual property rights holders, which was moving.
(2) Interpretation of the Two Sessions Report, All-Media Live Interview
On March 16, 2018, around the intellectual property content in the "Work Report of the Supreme People's Court", Song Xiaoming, director of the Intellectual Property Tribunal of the Supreme People's Court, and Vice Directors Wang Chuang and Lin Guanghai were invited to participate in an all-media live interview on issues related to "Giving full play to the leading role of intellectual property judicial protection". At the same time, Song Yushui, vice president of the Beijing Intellectual Property Court, was invited to participate in the live interview via video link.
(3) Carry out "4.26" themed activities to create a publicity climax
Vice President Tao Kaiyuan introduced the overall situation of intellectual property judicial protection by the people's courts in 2017 and the work plans for 2018 at the press conference of the 2018 Intellectual Property Publicity Week activities, reporting on innovative highlights; releasing the "Status of Intellectual Property Judicial Protection in Chinese Courts (2017)" (Chinese and English versions), the top ten intellectual property cases in Chinese courts in 2017 and 50 typical intellectual property cases, and the "Annual Report on Intellectual Property Cases of the Supreme People's Court (2017)".
(4) Strengthen judicial openness to effectively guarantee judicial fairness
Actively promote the public release of trial documents. Explore new ways for judicial openness in the mobile internet environment, strengthen the application of intellectual property trials to platforms such as the China Judgments Document Network, China Trial Process Information Network, and China Court Open Network, promote the informatization, dataization, and refinement of intellectual property judicial openness, and improve the transparency of trial work.
V. Carry out exchanges and cooperation to serve the international and domestic situation
The people's courts actively participate in international and regional intellectual property exchanges and cooperation, establish and improve the external information communication and exchange mechanism for intellectual property judicial protection, deepen the understanding of countries around the world of China's intellectual property judicial protection system and protection status, enhance China's participation, voice, and initiative on the international intellectual property stage, create a good trade and investment environment, and establish the image of a responsible major country.
(1) Strengthen international and inter-regional cooperation and exchanges
In November 2018, at the invitation of Mr. Gao Rui, Director General of the World Intellectual Property Organization, Tao Kaiyuan led a delegation to Geneva, Switzerland to attend the first Intellectual Property Judges Forum and the first meeting of the Judges Advisory Committee organized by the World Intellectual Property Organization. At the meeting, Tao Kaiyuan delivered the only keynote speech at the judges' forum on the topic of "Unwavering Strengthening of Intellectual Property Judicial Protection, Working Together to Create a Better Future for Intellectual Property", which was well received. In October 2018, at the invitation of the Court of Final Appeal of the Hong Kong Special Administrative Region and the Court of Final Appeal of the Macao Special Administrative Region, Tao Kaiyuan led an eight-person delegation to visit and exchange views in the Hong Kong and Macao Special Administrative Regions and held a thematic seminar on judicial trials for judges from both regions in Hong Kong. From May 15 to 21, 2018, at the invitation of the Chinese Law Society of Taiwan, Song Xiaoming, in the name of the executive director of the China Judges Association, led a 12-person delegation of the Intellectual Property Rights of the China Judges Association to Taiwan to investigate the establishment and operation of specialized intellectual property courts, as well as the "three-in-one" intellectual property trial, technical investigators and other intellectual property judicial protection systems.
(2) Strengthen cooperation with the World Intellectual Property Organization by holding advanced study classes on intellectual property judicial trials
From August 21 to 24, 2018, the Supreme People's Court and the World Intellectual Property Organization jointly held the first advanced study class on intellectual property judicial trials at the National Judges College. This advanced study class was the most important, highest-level, and most in-depth judicial training activity organized by the World Intellectual Property Organization in recent years. Chief Justice Zhou Qiang, President of the Supreme People's Court, attached great importance to it and specially met with Wang Binyi, Deputy Director General of the World Intellectual Property Organization, Fritz Ponderko, General Counsel, and representatives of the trainees and lecturers of the study class.
VI. Enhance judicial capacity and promote the construction of the trial team
Intellectual property judicial trial teams at all levels of courts consciously raise their political standing and professional ability, striving to forge a team of intellectual property judicial trial personnel who are politically firm, take the overall situation into account, are proficient in law, familiar with technology, and have an international perspective. First, strengthen ideological and political construction and improve ideological and political level. In 2018, the Supreme People's Court held a heart-to-heart talk in the Beijing Intellectual Property Court on the theme of "Glory and Dreams, Mission and Responsibility", where Vice President Tao Kaiyuan shared his feelings, ideals, and pursuits for intellectual property rights, which resonated strongly with the officers and soldiers. Second, strengthen trial business construction and improve the judicial capacity of trial work. More than 30 intellectual property training courses were organized at the National Judges College and local courts. Three "Intellectual Property Tribunal Party Branch Lecture Hall" activities were held by the Supreme People's Court, achieving good results. Third, strengthen Party style and clean government construction to ensure the team's integrity and honesty. Intellectual property trial departments in courts nationwide strictly implemented strict Party governance, strict court governance, strict court governance, and strict management, and vigorously strengthened the discipline and style of the intellectual property trial team.
2019 is the 70th anniversary of the founding of the People's Republic of China, a crucial year for winning the decisive victory in building a moderately prosperous society in all respects and achieving the first centenary goal, and the opening year for implementing the fifth five-year reform plan of the people's courts. The intellectual property judicial protection of the people's courts will adhere to the guidance of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, deeply grasp the changes in the main social contradictions in the new era, focus on improving the judicial capacity and level of intellectual property rights in the new era, resolutely reform and innovate, and resolutely implement work, striving to promote the construction of a higher-level rule of law in China, providing stronger judicial protection for the construction of a strong intellectual property country and a strong scientific and technological power in the world, and for the sustained and healthy development of the economy, and celebrating the 70th anniversary of the founding of the People's Republic of China with outstanding achievements!
