中文/English

Prospects for "Intellectual Property Courts"

2014-2-11 16:30| Announcer: admin

The Third Plenary Session of the Eighteenth Central Committee of the Communist Party of China (CPC) held an overall plan on China's comprehensive deepening of the reform. In the decision on the work of intellectual property rights, the "Decision of the CPC Central Committee on Deepening the Reform of Some Major Issues": 
Strengthen the use and protection of intellectual property rights, improve the incentive mechanism for technological innovation, and explore the establishment of intellectual property courts. Breaking the administrative leadership and sectoral division, the establishment of the main decision by the market technology innovation projects and funding allocation, evaluation of the results of the mechanism. The development of technology market, improve the technology transfer mechanism, improve the financing conditions of small and medium-sized science and technology enterprises, improve the risk investment mechanism, innovative business model, promote scientific and technological achievements capitalization, industrialization.  
China to explore the legal branch of intellectual property to set up a special court, fully demonstrated the party and the government for the work of intellectual property attaches great importance. In the following, I will briefly explore several aspects that it will cover. 

The historical background of intellectual property courts: 
Over the past 30 years, the new technological revolution has flourished and the competition of innovation has become the main style of competitive strength in the world today. China's intellectual property system and practice has become an important means to promote China and enterprises to participate in innovative competition; the most iconic event is that in the party's congress clearly put forward the strategic goal of building an innovative country, hoping to promote China from manufacturing Big country to create a big country across. 
In recent years, with the implementation of this strategic goal, the people's court accepted and heard the rapid increase in the number of intellectual property disputes, new cases increased. Only from the case statistics, from 2008 to 2012, the national courts received a total of 226,753 cases of intellectual property rights, concluded 208,653. On the other hand, the complexity and professionalism of intellectual property rights, especially patent cases, puts forward high demands on the professional and technical quality of the judges, the proficiency of specialized laws and the uniformity of the applicable referee standards. As a result, the establishment of a unified national intellectual property special court on the agenda. 

The Status Quo of International Intellectual Property Courts: 
Here is a brief introduction to the practice of intellectual property courts in Russia and Japan。 
In December 2011, Russia set up a special court of intellectual property, which played a dual role in the Russian court system, both the Court of First Instance and the Court of First Instance. The court of intellectual property may operate in the capacity of the Administrative Litigation Court of the Intellectual Property Office to hear proceedings against the decisions of the Russian Patent Office (first instance of the Administrative Litigation); the Court of First Instance or Judgment of the Intellectual Property Court may be appealed to the Standing Committee of the Intellectual Property Court (Administrative Litigation Second Instance). The Court of Intellectual Property may also operate as a civil appeals court with intellectual property disputes to deal with intellectual property civil disputes. 
In April 2005, Japan established a special high court of intellectual property, which was established as a special branch within the Tokyo High Court, which mainly deals with all cases of patent appeals in the country and litigation cases that are not subject to the decision of the patent office. In addition, the case is also dealt with in the business of the Tokyo High Court, whose nature and content are related to intellectual property. In the High Court of Intellectual Property in Japan, there are trial departments and the Office of the High Court for the Administration of Intellectual Property. In the High Court of Intellectual Property, in addition to the President, there are judges, court investigators dealing with intellectual property cases, court clerks, court clerks and so on. In addition, corresponding to different cases, and sometimes non-full-time special members to participate in the trial. 
The Impact of Intellectual Property Courts on China 's Intellectual Property: 
Concentration of intellectual property cases 
According to China's current trial system, the civil trial of intellectual property cases, administrative trials, criminal trials, respectively, by different trial court trial, this decentralized trial model is very easy to lead to the trial of professional cross and the review efficiency is not high and many other issues, The further improvement of the level of judicial protection of intellectual property rights. 
Therefore, China's intellectual property sector, has been a criminal, civil, administrative trial of the three calls, and in this regard carried out some useful exploration and try. For example, the Haidian District People's Court of Beijing has been carried out by the Intellectual Property Office of the Institute of intellectual property civil, criminal and administrative cases comprehensive trial pilot work in the hospital, civil, criminal and administrative cases are no longer separately, and by the hospital knowledge Property rights court centralized trial, comprehensive trial. This model is considered to be conducive to improving the intellectual property rights of civil, administrative and criminal trial coordination mechanism, play a judicial protection of the comprehensive effectiveness of intellectual property rights. 
Based on this, the future establishment of the intellectual property court is likely to work in the direction of the three trial efforts to promote. 
The trial of intellectual property is becoming more professional 
Intellectual property rights such as patent rights, trademark rights are neither natural nor legal, and their access requires administrative approval procedures. This unique professionalism of intellectual property requires intellectual property judges not only to master the legal knowledge of patents, trademarks and copyrights, but also often need to understand the technical knowledge of specific areas of science and technology. The establishment of intellectual property courts, will make both legal knowledge and technical knowledge of the trial of human resources more concentrated, more effective unified intellectual property award standards. 
Increase the enthusiasm of intellectual property rights 
As we all know, in judicial proceedings, litigation efficiency and litigation costs are two very critical elements. Intellectual property rights are fictitious, generally have a specific mandate period, if the action dragged too long, is not conducive to the protection of market share and economic benefits, but also against the enthusiasm of independent innovation. 
As mentioned above, the establishment of intellectual property courts will lead to a greater concentration of intellectual property cases in China, and the judges will become more specialized. This will improve the efficiency of intellectual property litigation, reduce the trial links, reduce the cost of intellectual property litigation. And the improvement of the judicial environment of intellectual property rights will also inspire the rights of intellectual property rights to maintain their own rights. 

Prospects for Intellectual Property Agents: 
The establishment of an intellectual property court in the near future poses a major challenge to each of our agents in intellectual property, and needs to be well prepared to adapt to the important changes in the judicial system. 
The depth of knowledge 
As mentioned above, the establishment of the Intellectual Property Court will lead to the continuous development of intellectual property litigation cases towards centralized and professional development. With the continuous improvement of the quality of the case, the study of litigation cases will also be more in-depth. Accordingly, there is a greater challenge and requirement for the professional competence and knowledge reserves of intellectual property agents. 
The breadth of knowledge 
The establishment of the intellectual property court will further deepen the trial mode of the third instance. This requires that intellectual property agents in our country not be confined to a single legal branch, for example, that patent agents can not be confined to patent-related laws and regulations. In the process of intellectual property litigation, the cooperation between the relevant laws of intellectual property and other laws (such as "civil law", "criminal law", "civil procedure law", "criminal procedure law") will also become more closely. Therefore, intellectual property agents not only have to master the expertise in the field of intellectual property, but also a long-term perspective, the other relevant laws also need in-depth understanding.
Address: 5/F, Tower A, GT International Center, Jia 3 Yongandongli, Jianguomenwai Ave, Chaoyang District, Beijing 100022, China
Tel:+86-10-5879 3300Fax:+86-10-5879 3311Email: mail@boss-young.cn
返回顶部