The protection of intellectual property rights is the protection of innovation, which is the acceleration of the development of new quality productivity in services. In 2023, the provincial courts, guided by xi jinping's new-era chinese socialist ideology, fully implemented the 20 fundamentals of the party, followed up on the important statement of secretary-general xi's work on intellectual property, focused on the implementation of our provincial “two strategies to ensure” the achievement of the goals and the implementation of the ten goals, strengthened intellectual property trials in a comprehensive manner, and fully utilized the role of intellectual property trials to stimulate innovation, preserve fair competition and serve and promote the rule of lawQuality developmentI don't know。
I. Enhancing the comprehensive judiciary of the judiciary and comprehensive strengthening of the jurisdiction of the judiciary
(i) admissibility and disposition of intellectual property cases
In 2023, the provincial courts handled a total of 25851 intellectual property cases, an increase of 26. 05 per cent over the same period. They concluded 24,872 cases, representing a 96. 21 per cent closure rate. This represents an increase of 4910, or 24. 60 per cent, over the 1996 2 cases completed throughout 2022. Of the 25304 new cases received, 23780 or 93. 98 per cent were first instance cases; 1,132 or 4. 47 per cent were second instance cases; 221 were re-examined; 27 were re-examined; and 144 were others. Of the 25851 intellectual property cases before the provincial courts, 25034 or 96. 84 per cent were civil cases; 796 or 3. 08 per cent were criminal cases; and 21 or 0. 08 per cent were administrative cases. A number of excellent examples of judicial protection of intellectual property have emerged from the courts throughout the province, providing intellectual property rights holders with a model for advocacy. The fourth class of cases for the judicial protection of intellectual property rights in the industry of the people's court, issued by the supreme people's court, such as the case of the violation of new varieties of soybean plants, no. 33; the typical case of henan's remedial birth services ltd. V. Tan, a commercial defamation case, in which the supreme people's court applied the core values of socialism in a fair and efficient manner; the case of an improper competition between a company in hubei and a company in loyang and zhengzhou, in which a fine case was awarded to the national court; and the civil judgement in the case of a violation of inventions by a company in hunan, a company in luoyang, a mechanical company, which was selected by the supreme people's court as an excellent decision in the technical category of intellectual property and monopoly cases。
(ii) proceedings in intellectual property cases
1. Civil cases. The provincial courts have increased the protection of intellectual property rights in civil trials and have fully upheld the legitimate rights and interests of rights holders. In determining the amount of compensation for infringement in intellectual property disputes, the market should be the best frame of reference for the value of intellectual property, so that the amount of compensation for infringement is commensurate with the market value of intellectual property, taking full account of reasonable expenses such as evidentiary fees, lawyers ' fees, etc., raising the amount of compensation for infringement of intellectual property rights and increasing judicial sanctions. Punitive compensation for repeated and malicious violations and for the exploitation of such violations has significantly increased the costs and costs of the violations, with a clear orientation towards a rigorous and fair administration of justice. In 2023, 2,4557 new intellectual property civil cases were received by provincial courts, of which 23234 were first instance, 1044 were second instance, 195 were reviewed, 26 were reviewed and 58 others were heard. Of the 23,234 new first-instance intellectual property civil cases received by provincial courts, copyright and trademark disputes are the main types of cases. Of these, 10827 copyright disputes and 8110 trademark rights disputes accounted for 46. 60 per cent and 34. 91 per cent, respectively. In addition, patent disputes, unfair competition disputes and concession contract disputes accounted for 9. 78 per cent, 2. 38 per cent and 1. 23 per cent, respectively。
2. Criminal cases. The provincial courts have increased the deterrent effect of criminal trials and severely punished offences against intellectual property. With a view to strengthening the legal framework for combating fraud and abuse, the provincial courts have deployed a special anti-intellectual-intellectual-intellectual-injury-related crime control service, and have issued information circulars on typical cases of anti-inflicted criminal offences. In 2023, 731 new intellectual property criminal cases were accepted by provincial courts, of which 537 were first instance cases, 82 were second instance cases, 25 were appeals cases, 1 was re-examined and 86 were others. The criminal case in the first instance concerned five offences, including 249 for the sale of counterfeit registered trademarks, 186 for the fraudulent registration of trademarks, 52 for the illicit manufacture and sale of illegally manufactured registered trademarks, 45 for the violation of copyright and 5 for the sale of torts。
3. Administrative cases. Judicial review of specific administrative acts has been strengthened in all provincial courts and executive enforcement of intellectual property rights is legally supervised. (c) fully utilize the institutional advantages of judicial protection of intellectual property and properly address the relationship between judicial and administrative protection. There is also increased collaboration with intellectual property administrations to strengthen the regulation and supervision of intellectual property administrative enforcement, while legally supporting such enforcement. In 2023, the number of cases of intellectual property administration remained low, with 16 new cases of intellectual property administration received by provincial courts, of which 9 were first instance, 6 were second instance and 1 was reviewed again. The type of new cases received at first instance involves administrative penalties, administrative decisions and administrative acts。
(iii) characteristics of intellectual property cases
One is that the overall number of cases has increased relatively rapidly. The number of first-instance intellectual property cases in the provincial courts has continued to increase, with 17602 cases in 2021, 18377 cases in 2022 and 24278 cases in 2023, an increase of 37. 3 per cent, 4. 4 per cent and 32. 11 per cent respectively. There is a growing demand for judicial protection of intellectual property rights for high-quality economic and social development, a growing awareness of respect for and protection of intellectual property rights throughout society, a growing demand for judicial protection of intellectual property rights in society, and a growing demand from the population for specialization and satisfaction in intellectual property trials。
Secondly, the number of cases in the courts is uneven. Intellectual property cases are concentrated in regions with relatively high levels of economic, scientific and cultural development, such as the district court of zheng county, which receives a total of 6725 first-instance intellectual property cases, accounting for 27. 70 per cent of all first-instance intellectual property disputes in the province, exceeding the 11 regional courts whose caseload is smaller, the three isthmus and the zhongyang。
Thirdly, technical cases such as patents are growing more rapidly. The number of first-instance civil intellectual property cases involving new invention patents, practical new patents, new varieties of plants, integrated circuit chart designs, technical secrets, computer software, monopolies etc. Received by provincial courts was 1715, an increase of 816 over 2022, almost double the number. In the first-instance technical category, disputes over copyrights against computer software and patent rights against inventions are relatively high, with the main technical categories maintaining a high rate of growth。
New cases received at first instance in the technical category
Fourth is the steady improvement in the quality of trials. With the 32. 11 per cent increase in first instance cases in 2023, the average trial cycle was reduced to 29. 53 days. The rate of appeals in first instance cases was 7. 82 per cent in 2021, 9. 81 per cent in 2022 and 4. 83 per cent in 2023, with an overall downward trend. In may 2022, as a result of the decentralization of jurisdiction in ordinary intellectual property cases, 11 grass-roots courts began to hear intellectual property cases for the first time. After one year of adaptation and adjustment in 2023, the capacity and capacity of the lower-level courts were increased, and the rate of appeal in first instance cases increased considerably。
Fifth is the growing substantive resolution of disputes. In 2023, the provincial courts concluded 22,844 civil first-instance cases of intellectual property, of which 5814 were settled, 10774 were withdrawn and 72. 48 per cent were withdrawn, an increase of 6. 09 percentage points over 2022. There has been an effective reduction in the number of complaints filed, greater social harmony and stability, and a growing sense of people's access to justice for intellectual property rights, with more than 80 per cent of civil first-instance cases of intellectual property rights in the xu changsung, loyang, three gorges, cranes, anyangs and keishen. After the namyang court had taken the initiative to investigate why “the elderly who do not have access to the internet have become shopkeepers”, and having found that the defendant was not the actual operator of the shop, the plaintiff had taken the initiative to withdraw the entire action and successfully resolved a large number of cases。
Ii. Enhancing investigation and investigation
In-depth implementation of all provincial courtsInnovation-driven developmentThe strategy is to strengthen the judicial protection of intellectual property rights in a comprehensive manner, to ensure strict protection, to increase penalties for malicious violations and to maintain a level playing field in order to stimulate innovation through a rigorous and fair administration of justice。
The first is to focus on protecting the achievements of science, technology and innovation. The ability of science, technology and innovation to generate new industries, new models and new dynamics is central to the development of new qualitative productivity. The province-wide courts, by increasing the protection of key core technologies and original innovations, supported the orientation of enterprises such as “specialty new” to improve core competitiveness. Adherence to the principle of strict protection provides a clear and stable and predictable legal boundary and rules of conduct for creative subjects. In the case of a dispute between don dowson and a special filter company over patent rights to inventions, the court determined precisely the scope of patent protection by clearly distinguishing between structural and functional characteristics, and held the infringer liable for over $1 million. In the case of a dispute between the zhengzhou institute of the chinese academy of agricultural sciences and a group of chen who had violated the right to new varieties of plants, the “angel red” pomegranate varieties developed by the right-holders themselves were of a long, costly and difficult nature, while the defendant openly sold the ears in the name of the right-holders' varieties, with large areas and quantities of reproduction, high prices for reproductive materials and high profits, and the abuse was manifest and serious in nature. The court awarded him $300,000 in damages for economic loss and reasonable costs for defence of rights。
Second, greater judicial protection of trademarks. (b) to strengthen the judicial protection of known trademarks, traditional brand names and old titles in a comprehensive manner, with a focus on the criminalization of imposting trademarks, the adhesion of goodwill, and the promotion and development of brands. In cases of violations of well-known trademarks, such as the “white elephant” of chase, the scope and protection of the right to trademark rights is scientifically defined, the trademark identification function is exercised and the legitimate interests of consumers are protected. In the case of a dispute between a joint stock company in shanghai and a health management company in the city of nueva yuen, and a medical technology company in henan, a violation of trademark rights, cross-category protection was granted to the alleged trademarks and a liability of $1 million was imposed on the malicious infringer. In the case of a dispute over the violation of trademark rights and unfair competition between a cosmetic cosmetic cosmetic cos ltd. And a cosmetic cosmetic cosmetic cos ltd. Of zhengzhou, wei-oi, in whezhou, the alleged infringer continued to commit the violation in the event of an effective court decision, the violation was intentional and manifest, contrary to the principle of good faith. The court of second instance, in order to remove punitive considerations from the base of the statutory compensation, changed the applicable punitive compensation and applied the strict concept of protection, reflecting the firm determination of the people's court to severely punish the violation。
Thirdly, it empowers the author to try. Full exploitation of the leading and guiding function of copyright trials in relation to a culture of excellence, proactive screening of actual rights holders, effective improvement of copyright abuses under plagiarism, strong sanctions for unlawful violations, and a focus on the organic uniformity of “three effects”. In considering cases of violation of works of art, photographic works, etc., the court of the city of tsukura city scrutinized the subject of the work in question, rather than mechanically issuing a certificate of registration of copyright, and examined the work in question ex officio, on its own initiative, in order to prevent the person concerned from obtaining an undue interest in the proceedings. In the case of the crime of infringement of copyright, which was dealt with by the new village court, the court, while strictly combating intellectual property offences, mediated the incidental civil action in accordance with the law, upheld the concept of culpability and compensated for the economic losses of the offending unit, promoted the consolidation of legal benefits and coordinated protection in the case of the criminal, and achieved multidimensional protection of intellectual property rights。
Fourth is the preservation of a level playing field market environment. The province-wide courts have adhered to regulation and development and have given due consideration to cases of monopolization and unfair competition in accordance with the law. They have taken full advantage of the rule-and-value orientation of the judiciary in safeguarding fair competition in the market. They have strengthened corporate awareness of fair competition and led to the creation of a market environment that promotes, protects and promotes fair competition. A case of commercial defamation disputes was a typical case issued by the supreme people's court for the implementation of the core values of socialism in a fair and efficient manner, which resulted in the clear identification of misleading and discredited false facts, effectively combating internet-mediated commerce disruption is a guiding factor in regulating unfair competition, encouraging good faith, maintaining social order and optimizing the business environment. In the case of the unauthorized use of trade names, packaging, decoratorships by a medical technology company in harbin city and a medical technology company in yanzhou, and kyushu-yu yun platform ltd., which had a certain influence on others, the court, by comparing the characteristics of the different products produced by the same enterprise, found that the most visible and identifiable overall image of the case involved in the clothing, in conjunction with the promotion of the suit, and determined that it constituted a certain impact on the clothing of the goods, following the principle of protection of first-instance rights, decided that the wrong-doer would lose 3. 5 million yuan in damages, and created a record of the amount awarded in my province's case involving the sale of goods。
Iii. Service local niche economies, unleashing innovation-driven development power
Following up on the important directive of the general secretary of xi jinping “to ensure that the primary task of high-quality development is firmly established and that new quality productivity is developed in accordance with local conditions”, the provincial courts have focused on high-quality development in order to find a level playing field in the innovative development of intellectual property justice services and to proactively provide judicial services to nurture and develop new quality productivity。
The first is to build innovative lands for the growing industry. In keeping with the emphasis placed on “stable food security”, the law has strengthened the protection of new varieties of plants and made it less difficult for breeders to defend their rights. Of the four typical cases of judicial protection of intellectual property rights issued by the supreme court (50 in all), 12 cases were selected by the henan court. In an effort to tighten the “safety valve” of the grain barn, the provincial court issued an opinion on services and guarantees for the construction of the “china farm valley”, proposing 14 specific measures to enhance the protection of major agricultural scientific and technological achievements and new varieties of plants with autonomous intellectual property rights and to guarantee food security. The central chamber of zhengzhou has set up an intellectual property circuit court in nakawon valley, which specializes in cases involving technical knowledge of new varieties of plant and patent rights disputes over inventions in the agricultural valley of china, holds a colloquium on judicial protection of new varieties of plant, invites expert scholars to explore new initiatives to strengthen the judicial protection of new varieties of plant and informs society about the white paper on judicial protection of new varieties of plants. New village courts are stationed in the agricultural valley of china, focusing on projects, enterprises and priority areas, and actively explore the creation of specialized, sophisticated and distinctive intellectual property circuit mechanisms。
Second is the promotion of innovation in chinese medicine. Following up on the important directives of the general secretary of xi jinping on the protection of chinese medicine and the significant deployment of the supreme people's court, provincial governments, a series of activities has been organized for the judicial protection of chinese medicine intellectual property in henan province. Seminars on the judicial protection of intellectual property rights in chinese medicine in namyang and the new village, in which expert scholars, representatives of pharmacists and non-genetic holders were invited to communicate and to hear widely about innovations and enhancements in chinese medicine cultureIntellectual property protectionRecommendations, observations and in-depth studies. A typical case of judicial protection of chinese medical intellectual property rights has been published, and a number of topics, such as the recommendation on the response of intellectual property to the modernization of the medical industry in henan province, have been successfully concluded to respond to the social need for judicial protection of chinese medical intellectual property rights in our province through proactive, service-oriented and efficient judicial services。
Third, creative transformation of intangible cultural heritage. The protection of the intangible cultural heritage is strengthened by law and the transmission and dissemination of the intangible cultural heritage of historical, literary, artistic and scientific values, which perpetuates and enhances the vitality of the heritage and furthers the cultural excellence of the chinese nation. In the case of a dispute between a chicken company at the slide point and a chicken shop at the slide point and a food company at henan, the court upheld the transmission and promotion of the intangible cultural heritage and balanced the protection of intellectual property in relation to the intangible cultural heritage by making it clear that the reasonable use of the intangible cultural heritage by the non-genetic heirs should not go beyond the original use prior to the registration of the trademark. The luoyang central court, in the context of the settlement of disputes over copyright rights at the “tang three colors”, has been active in responding to the demands of the industry, using the “traditional + industry + innovative” approach, to promote the establishment of the third color industry association through multi-sectoral coordination, resource consolidation and consensus-building among the executive, judicial and industry sectors, to expand non-source-based protection and to inject knowledge into the transformational development of the civil service。
Iv. Improved judicial protection mechanisms and continuous upgrading of innovative safeguards
The provincial courts are committed to following up on the deployment of party central decision-making, building on provincial intellectual property trials, actively exploring institutional innovations in the area of intellectual property justice, deepening reforms in the area of intellectual property justice, making use of the overall effectiveness of intellectual property judicial protection and accelerating progress towards modernization of the intellectual property justice system and judicial capacity。
The first is the development of a multi-faceted anti-mob mechanism. (c) consolidate efforts to enhance diversity and improve mechanisms for the settlement of intellectual property disputes that link pre-suit conciliation and litigation services. In conjunction with the market supervisory authority of the city of mare, a programme for the joint establishment of a mechanism for the protection of intellectual property rights of market subjects is being developed. The market supervisory authority sets up a search procedure for trademarks and trade names when registering market subjects. An intellectual property case that was previously referred to the centre for remedial and non-public economic development services in the city of maungchu was selected for the national “prescriptive case of mediation by the chamber of commerce”. In more than a hundred conciliation cases, the shunyang court has innovatively introduced pre-arranged compensation mechanisms for intellectual property rights, effectively preventing repeated abuses and promoting the governance and substantive resolution of intellectual property disputes. The southyang courts have set up specialized mediation workshops in the courts, with retired senior judges and experienced mediators assigned to the mediation rooms, and continuously improve the effectiveness of the mediation of intellectual property dispute cases。
The second is to take advantage of the circuit. Regular circuits are being conducted to actively promote retrospective governance, with emphasis on strengthening judicial research, extensive advocacy on the rule of law and efforts to achieve a travelling, multiple effects. In april 2023, the centre for the protection of intellectual property in china (the new township) established the circuit court for intellectual property. In december 2023, the routine court court court was officially inaugurated at the rapid defence centre for intellectual property rights at the state level. In january 2024, zhengzhou central court set up an intellectual property circuit court in the new village of nakawon valley to hear technical cases involving new varieties of plants and disputes over patent ownership of inventions in the agricultural valleys of china, and to play its full role as the circuit court's focal point and legal advocate。
Third is the ability to resolve mass defence cases. To explore the path of “model litigation + mediation”, to select representative cases with a common factual and legal dispute focus for first instance and first instance decisions, and to provide reference for factual identification and legal application in other cases of the same type by playing a guiding role in model cases. The completion of a model judgement in the guangzhou court of justice in the case of some 100 or more cases of trademark infringement of intellectual property rights of an an group, led to the successful resolution of their pending cases. In order to address the lack of economic power and awareness of intellectual property rights among individual low-end producers in industrial transformations, the looyang court, the three isthmus court, the court of openness and the court of fairy issued judicial recommendations to the “high-profile” administration of the mass defence, promoting a more rule-of-law and regulated form of production, effectively raising awareness of intellectual property protection for small businesses and creating a healthy and orderly market environment。
Fourth is the deepening of intersectoral collaborative protection mechanisms. In order to enhance cooperation among the various sectors in policy research, work advancement, business training, academic exchanges, among others, the provincial courts, the provincial market supervisory authority, zhengzhou university, henan university and henan university of finance and economic law jointly organized a symposium on strategic cooperation in intellectual property protection, signed an agreement on strategic cooperation in intellectual property protection and established a “workstation for intellectual property protection”. Building joint work platforms around our provincial innovation-driven, science-based, talent-intensive and digital transformation strategies, building collaborative intellectual property skills development, research on major project topics, building collaborative intellectual property rights mechanisms, strengthening the full chain of intellectual property protection, providing comprehensive services and promoting high-quality economic and social development in our province。
Fifth is the development of specialized technical survey mechanisms. To provide high standards, fine-tuning and specialized judicial guarantees for science, technology and innovation, the provincial courts have taken the lead in continuously refining the multi-technological fact-finding mechanism, strengthening the institution of the technical investigator of intellectual property in henan province, deepening the needs-based reassignment and talent-sharing mechanism throughout the province, effectively alleviating the difficulties of fact-finding in technical-type cases and increasing the level of specialization in intellectual property trials. In 2023, zhengzhou central court invited technical investigators, technical experts and experts to participate in the case and to issue an opinion on the investigation and conduct more than 30 caseworks. Through the involvement of technical investigators in the case, technical points of contention between the parties are sought, key technical issues are identified, thinking is clarified and strong “think tank” support is provided for intellectual property trials。
Sixth is strengthening advocacy for the rule of law in intellectual property rights. Court appearances have been conducted, leading to the participation of representatives of the people's congress, members of the political consultative council, industry representatives and school students in the courts, at a distance of no distance from the intellectual property trial. (c) to conduct live webcasts of court hearings in typical cases of high-profile and influential intellectual property rights, upholding the principle that adjudicative instruments “shall be paramount” and enhancing judicial transparency. :: organization of the 2023 annual academic conference and the 6th china-china forum of the law society of henan province on intellectual property law, with the participation of the provincial market supervision authority, the provincial public prosecutor's office, the provincial centre for the defence of intellectual property rights, the people's court of central china and academics, to conduct in-depth discussions with experts and scholars on the topics of building and protecting copyrights and trademark patents in the province of henan, with a view to fostering respect for innovation and protecting the rule of law。
V. Strengthening capacity-building and investing in hard intellectual property justice teams
The henan court has fully assumed its party leadership role and increased the capacity of the team to perform its functions, working to create a politically committed, holistic, law-oriented, skilled and internationally regarded intellectual property judiciary。
The first is to strengthen awareness and ensure the right political direction. Insisting on learning to follow up on the party's 20 main political tasks, combining the requirements of education on the subject with the need to ensure that justice is done, and directing the police to implement “politically, with the rule of law” into concrete action, effectively fulfils the important mission of protecting intellectual property rights and innovation in services. (b) to take the initiative to receive oversight from the authorities and from all sectors of society in order to continuously improve intellectual property trials. Periodic evaluations of the quality of the case are conducted in order to create a strong atmosphere of commitment against the perception of the police. Learning from typical casework experiences, looking for gaps in matching tables, continuously upgrading operational capabilities and levels, and highlighting the three effects of case handling。
The second is to strengthen judicial literacy and improve the professionalism of the workforce. The courts throughout the province are based on the practicality of the trials, maintaining an issue-oriented approach, conducting in-depth research into the intellectual property front, hot spots, difficult issues and developing adjudicative experience. The provincial courts completed and successfully concluded the subject of a major study by the china law society's judicial theory and research council on intellectual property law in 2023, " a study on the governance of territorial jurisdiction in cases of intellectual property rights violations " , expanding the radioactivity and impact of theoretical research and better serving the modernization of intellectual property law trials. The provincial courts organize training courses on the province-wide intellectual property trial line and invite courses from the people's division of the supreme people's court, the judicial specialist of the intellectual property tribunal and eminent professors of higher education to provide both theoretical and practical operational guidance to the judges of the three provincial courts involved in intellectual property trial。
Thirdly, the fight against corruption and the promotion of integrity and the integrity of the judiciary are strong. The provincial courts have consistently made the promotion of party integrity and the fight against corruption important players in the integrity of the judiciary and the administration of justice. They have carried out a serious campaign of warning and exemplary education, strictly enforced iron prohibitions such as the “three provisions” for preventing interference in the administration of justice, continuously strengthened corruption, maintained integrity lines, protected against corruption, resisted corruption and ensured the integrity and integrity of the ranks。
Conclusion
Strengthening intellectual property protection is an inherent requirement and an important safeguard for the development of new qualitative productivity. In 2024, the henan court will continue to be guided by xi's new-style chinese socialist ideology, further implement xi's philosophy of the rule of law, firmly entrench the concept of “protecting intellectual property is protecting innovation”, implement a major national strategy for high-quality and efficient judicial protection services for intellectual property, and celebrate the 75th anniversary of the founding of the new china with outstanding results。
