Drafting Group of the Work Report of the Supreme People's Court:

The Fifth Plenary Session of the 19th CPC Central Committee made it clear that innovation should play a central role in China's overall modernization drive, and self-reliance and self-improvement in science and technology should be regarded as the strategic support for China's development. Protecting intellectual property rights means protecting and promoting innovation. The people's courts have given full play to their role in judicial protection of intellectual property rights and served to ensure the strategy of innovation-driven development and the building of a strong country in intellectual property rights.

First, serving science and technology in accordance with the law, self-reliance and self-improvement.

The Supreme People's Court issued 10 judicial interpretations and normative documents to make it more convenient for parties to present evidence, shorten the litigation cycle, reduce the cost of safeguarding rights and increase the amount of compensation. The amount of compensation awarded in intellectual property cases increased by 79.3% year on year, thus fostering a legal environment that encourages independent innovation and promotes scientific and technological progress.

Second, we will promote the preservation of traditional culture and the prosperity and development of the cultural industry.

We will strengthen judicial protection of time-honored Chinese brands and intangible cultural heritages, hear trademark and copyright disputes, and support and guide the healthy development of time-honored Chinese brands and intangible cultural heritages. We will strengthen judicial protection of well-known trademarks, resolutely use the sword to infringe intellectual property rights, and punish crimes of malicious infringement in accordance with the law.

Third, we will promote the healthy development of new technologies, new forms of business and new models.

While the development of digital economy greatly facilitates people's production and life, it also brings some new problems. People's courts have clarified rules for the development of the digital economy and technological innovation by properly hearing relevant cases. The report listed typical cases in this regard. For example, it tried a series of cases involving the protection of labor rights and interests of delivery delivery riders and delivery men, as well as compensation for traffic accident damage, to strengthen judicial protection of the legitimate rights and interests of practitioners of the new business form. The court heard disputes over facial recognition, and ruled that consumers' facial feature information should be deleted to safeguard the security of citizens' personal information.

Fourth, we will give full play to the intellectual property adjudication function to serve the implementation of the major national strategy.

Intellectual property trials have also played a positive role in serving the implementation of the country's major strategy. For example, according to the report, the Supreme People's Court, together with the SIPO, will guide the courts of Shanghai, Jiangsu, Zhejiang and Anhui and local IP offices to sign memorandums on IPR protection for scientific and technological innovation, and promote the standardization and scientification of patent authorization and confirmation. It issued the Opinions on Providing IPR Judicial Services and Guaranty for One Belt And One Road, set up the IPR Court of Hainan Free Trade Port, and served the implementation of the major national strategy with IPR judicial protection.  

(Source: chinaipmagazine.com)











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