Shanghai Intellectual Property Court Released the White Paper on Trials in 2016

On april 12, 2017, shanghai intellectual property court held a symposium for releasing the white paper on intellectual property right trials and judicial protection, issuing 3 white papers20 typical cases. it is the second time for the court to release white paperstypical cases since its establishmentthe first time when two specialized white papers were released on intellectual property cases involving technological innovation. president of shanghai intellectual property court wang qiuliang attended the press conference,representatives of “1 zone & 22 parks” in zhangjiang national innovation demonstration zone, representatives of some technological innovation-based enterprises, journalists of shanghai offices of central news entitieslocal media reporters attended the symposium on invitation.

vice president of shanghai intellectual property court li shulan said at the symposium that the court conscientiously implemented the judicial policies of "judicial guidance, strict protection, type-based tactics and harmonious proportion" for protecting intellectual property rights and strengthened the innovation of intellectual property trial systemmechanism by highlighting the requirements of being refined, targetedof high-quality, based on which a number of typical cases of guiding significance emerged, enhancing shanghai intellectual property courts credibility and influence.

according to the white paper, shanghai intellectual property court accepted 1,877 intellectual property cases in 2016, increased by 14.38% compared to the last year, including 904 cases of first instance973 cases of second instance. 1,877 cases were concluded, increased by 79.27% compared to the last year. among the cases accepted, 559 are related to patent, 247 trademark, 921 copyright (including 249 computer software copyright)others related to franchise, know-how, unfair competitionmonopoly, etc.

the white paper showed that when determining the amount of compensation of each intellectual property infringement case, shanghai intellectual property court, by adhering to the principle of strict protectiontaking full ac of the objectivityuncertainty of the market value of intellectual property rights, strove to accurately reflect the market value of the infringed intellectual property with due consideration of the tortfeasors subjective intention to realize the goal of "compensation first, punishment second". for repeated infringementwillful infringement, the amount of damages was increased as appropriate. with regard to the judicial protection of intellectual property rights, the court intensified compensationmade great efforts to promote the standardization of administrative intellectual property acts by actively guiding competent administrative authorities to conduct investigation, collect evidences, examine evidencesidentify infringement in accordance with judicial standards, so as to give full play to the role of administrative enforcement in intellectual property protection.

deputy director of the management committee of zhangjiang national innovation demonstration zone, xu jianmao, said that zhangjiang high-tech industrial development zone is both a national innovation demonstration zone and an important zone for the building of shanghai technology innovation center. in 2015, the management committee of zhangjiang high-tech industrial development zoneshanghai intellectual property court established a cooperation mechanism focusing on building a platform for the building of technology innovation center for ip-related judicial services, thereby bringing judicial services closer to technological innovation-based institutions and enterprises in shanghai.

as reported at the conference, patent, computer software, know-how and technical contract cases trialed by shanghai intellectual property court involving technological innovation aced for more than 90% of the cases of first instance. most of these cases involve the protection of rights and interests, allocation of interestsownership of achievements in technological innovation, such as technology r&d, technology transfer, industrialization of innovation achievements, etc. shanghai intellectual property court responded to the judicial demand positively by taking actions and encouragedprotected technological innovation through extending its trialjudicial functions.

according to the white paper, in 2015-2016, shanghai intellectual property court accepted 1,011 patent cases with 657 concluded598 computer software copyright cases with 512 concluded. most of these technical cases were of new typerelated to new technology, for example, dispute over invention patent infringement filed by sogou technology was related to the infringement of input method software invention for mobile phones that filed by shanghai finc bio-tech inc was related to the infringement of patented technology on microbial genes dispute over invention patent infringement filed by qualcomm taiwan corporation was related to standard essential patent in communication fieldthat filed by jiangsu hongpu technology co. ltd. was related to patent on non-motor vehicle parking/pick-up/rent/return management system and corresponding controlidentification method, etc.

among the disputes over contract of computer soft development, most of them were related to mobile softwarenearly half were related to
mobile app
covering mobile games, health, education, beautytraveling, etc. shanghai intellectual property court sorted out some major problems existing in the protection of patent rightcomputer software copyrighttherefore recommended enterprises to: i) strengthen technology r&d, improve their innovation capability, enhance their core competitiveness in the market, improve their internal management system over intellectual property ownershipinterest allocation,strengthen the protection of their patent rightcomputer software copyright ii) establish risk-prevention awareness, strengthen internal risk control over intellectual property rights, improve technology developmentprovisions on contract transfer, strengthen evidence preservationpresent evidences actively during litigation to protect their legitimate rightsinterests effectively.

the white paper indicated that shanghai intellectual property court kept innovating the trial mechanismgiving full play to its trial functions based on the acteristics of intellectual property cases, thereby strengthening the protection of intellectual property rightsmeanwhile accumulating reproduciblepropagable experience.

on the principles of “professional trial team, categorized cases accepted, intensive trial managementsystematized trial extension”, special collegial panel for ftz cases were established to try civiladministrative intellectual property cases in ftz. in 2016, shanghai intellectual property court tried 152 cases concerning patent, trademark, know-how, right of dissemination on information networkfranchise contract, etc. in ftz.

the court also established a proceduraleffective temporary judicial protection mechanism by making rational use of act preservation, property preservationevidence preservation systems to improve the promptness, convenienceeffectiveness of judicial remedies for intellectual property. for cases meeting conditions of evidence preservation, property preservation or act preservation, measures were taken timely based on the new mode of “judge + enforcement personnel + technical expert + technical investigation officer” to preserve evidences efficiently. in 2016, shanghai intellectual property court dealt with 30 cases involving pre-trial act preservationpre-trial evidence preservation, increased by 114.28% compared to the last year. it made 186 rulings concerning property preservation, evidence preservationact preservation during trial, increased by 77% compared to the last year.

the “four in one” system (technical investigation, technical consultation, expert assessortechnical appraisal) for ascertaining technical facts played a positive role in the trial of technology-related intellectual property cases, which further improved the objectivity, accuracyefficiency of technical fact ascertainment. in 2016, shanghai intellectual property court carried out 49 expert consultations, tried 50 cases in the presence of expert assessorshad 14 cases subject to technical appraisal. technical investigation officers assisted in the trial of 35 cases, appeared in court for 43 times, issued 17 pieces of technical examination opinionconsultation comment,participated in evidence preservation, crime scene investigation, technical consultingrelated affairs for more than 300 times.

the court exploredestablished a diversified dispute resolution mechanism in light of the acteristics of intellectual property cases. it signed cooperation agreements with 10 community mediation organizations and industry associations to expand the mediation team with social resources attracted, make mediation more specialized, professionalstandardized, and invite mediators to court to realize direct linking between litigation and mediation. upon the agreement reached by the parties concerned, 96 intellectual property cases were subject to pre-trial mediation, among which 23 were resolved with a settlement rate of 24%. 737 cases were subject to mediation during trial, with a settlement rate of 39%.

president of shanghai intellectual property court wang qiuliang said that while disclosing the status of the court’s judicial protection of intellectual property rights over the past year, shanghai intellectual property court also carried out special analysis of patent casescomputer software copyright cases most closely related to the construction of shanghai technology innovation center, so as to provide more targeted intellectual property protection services for technological innovation-based organizations and enterprises. the intellectual property protection system is essential to protectencourage technological innovation,shanghai government is striving to make progress in the construction of shanghai technology innovation center in accordance with the requirements of cpcgeneral secretary xi jinping. shanghai intellectual property court must firmly follow the national strategy to give full play to the leading role of judicial protection of intellectual property rights, thereby providing better judicial services and safeguard for the construction of shanghai technology innovation center.

Link of orininal news, white paper and typical cases of shanghai intellectual property court:
http://www.hshfy.sh.cn/shfy/English/view.jsp?pa=aaWQ9MjAwMjA0OTImeGg9MSZsbWRtPUVOXzAzz