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Opinions of the Supreme People's Court and the State Intellectual Property Office on Strengthening the Coordinated Protection of Intellectual Property Rights
Feb 26,2023 | Categorised in: trademark

The establishment of a regular liaison mechanism

(A) Clarify the liaison institution. The Third Division of Civil Trial of the Supreme People's Court, the Intellectual Property Court and the Intellectual Property Protection Department of the State Intellectual Property Office shall act as the daily liaison institution for coordinating the work of collaborative protection and determine a liaison person respectively to be responsible for daily communication and liaison. People's courts below the provincial level, intellectual property management departments according to the actual local situation, the establishment of the corresponding liaison mechanism, designated a person responsible.

(B) Establish a consultation mechanism. The Supreme People's Court and the State Intellectual Property Office to establish a mechanism for coordination and consultation on the protection of intellectual property rights, regularly organize meetings, according to the work needs to invite the people's procuratorates, public security organs and other relevant departments to participate, focusing on the protection of intellectual property rights in the existence of universal and trendy issues to strengthen research, put forward countermeasures, to minutes of meetings, signed documents, jointly issued guidance and other forms of consensus, and by the responsible party Responsible for implementation. People's courts and intellectual property management departments below the provincial level should actively broaden the channels and ways of communication in their daily work, gradually establish a regular and diversified mechanism of consultation and communication, and jointly study and implement relevant work.

(C) strengthen information sharing. Promote the establishment of information exchange mechanisms related to the administrative authorization of intellectual property rights and judicial trials, strengthen communication on new issues and situations in the administrative enforcement of intellectual property rights and judicial trials, and improve the level of judicial enforcement. Strengthen and improve the existing special line between the Supreme People's Court and the State Intellectual Property Office to promote administrative and judicial business synergy and data sharing. Focus on strengthening the sharing of statistical information on indicators such as the rate of conviction and settlement of intellectual property civil cases in the first instance, the rate of upholding intellectual property administrative cases in the first and second instance, and the record of recognition of well-known trademarks, so as to improve the efficiency of administrative authorization and confirmation of intellectual property rights and related judicial trials. Promote the use of the patent judicial investigation and control platform in the court system, and do a good job of patent property preservation.

III. Strengthening Work Collaboration

(D) Promote the improvement of legal policies related to collaborative protection. Fully exchange opinions in the process of making and revising laws, regulations and judicial interpretations related to intellectual property protection. Promote the improvement of litigation norms in line with the rules of trial of intellectual property cases and improve the system of administrative adjudication of intellectual property infringement disputes. Improve the mechanism for the use of patent right evaluation reports in infringement litigation. Coordinate and promote research on systems related to data intellectual property protection, improve the system for protecting the rights and interests of data elements, and promote the construction of the data foundation system.

(E) Promote the unification of administrative standards and judicial standards. Establish a feedback and communication mechanism for the authorization and confirmation standards of patents and trademarks, and the evidence standards of judicial and administrative law enforcement, play the function of judicial support to supervise the administration according to law, and promote the coordination and unification of the standards of administrative rulings and judicial decisions, including the early resolution mechanism of drug patent disputes. Promote the convergence of intellectual property administrative enforcement and criminal justice filing standards, and jointly improve the general protection pattern of intellectual property.

(F) Guidance to promote collaborative protection. Strengthen collaboration between intellectual property management departments and people's courts, and promote the effective implementation of work related to the application for enforcement of administrative rulings in patent infringement disputes. Accelerate the coordination of civil litigation on intellectual property infringement and the administrative procedures related to the authorization and confirmation of rights, so as to stabilize the state of rights as soon as possible and improve the efficiency of rights protection. Promote the rapid handling of administrative litigation cases related to major patent infringement disputes. Fully summarize and promote the experience of pre-litigation mediation of IPR disputes, deepen the "total-to-total" online mediation mechanism, continuously open up online and offline mediation and litigation docking channels, further improve the interconnection of mediation information of IPR disputes, explore the judicial confirmation system of administrative mediation agreements of IPR disputes according to the application of the parties, and promote the construction of To promote the construction of a diversified dispute resolution mechanism for intellectual property rights with Chinese characteristics. To jointly strengthen the detection, screening and regulation of malicious trademark registrations, irregular patent applications and malicious lawsuits, promote the establishment of a notification mechanism for cases of serious violations and breaches of trust in the field of intellectual property rights, and explore joint punishment to create a social environment of honesty and trustworthiness. Jointly guide and promote the work related to the rapid collaborative protection of local intellectual property rights, strengthen business exchanges between people's courts at all levels and local intellectual property protection centers and rapid rights defense centers, share the resources of the trial halls of intellectual property protection centers, and enhance the quality and efficiency of collaborative protection.

(G) Strengthen professional and technical support. People's courts at all levels and intellectual property management departments shall improve and make full use of the expert consultation pool and technical investigation talent pool already established by both sides, strengthen cross-regional resource sharing, and promote the scientific and unified approach to the identification of professional and technical issues in the administrative and judicial protection of intellectual property. Jointly strengthen the dissemination and utilization of basic IPR information, encourage and support the construction of IPR thematic databases around key areas and key industries, and promote the development of economic and social innovation. Jointly promote the professionalization and standardization of intellectual property appraisal institutions, intellectual property administrative departments will incorporate appraisal institutions that implement intellectual property appraisal standards into the directory and make them public for the people's courts to choose to use, and establish a feedback mechanism on the practice of intellectual property appraisal institutions to promote the accurate and efficient determination of technical facts and reduce the cost of social public rights protection.

(H) Strengthen key business seminars. Jointly strengthen research on the macro strategy of IPR protection, and conduct joint research on major difficult and cutting-edge issues in key areas and key industries of IPR administrative protection and judicial protection. Strengthen cooperation in the establishment of major theoretical topics, research and transformation of results. Fully relying on the National Intellectual Property Strategy Implementation Research Base and the People's Court Intellectual Property Judicial Protection Research Base and theoretical research base, we organize business backbone, experts and scholars to conduct seminars and exchanges, and jointly promote the improvement of legal policies.

(I) Promote cross-regional collaboration and co-construction. The Supreme People's Court and the State Intellectual Property Office will strengthen the guidance and supervision of people's courts and intellectual property management departments at all levels, focus on the regional development strategic plans formulated by the State, and jointly promote the establishment of sound cooperation mechanisms between people's courts and intellectual property management departments in key regions (Bohai Sea Rim, Yangtze River Delta, Pearl River Delta/Pan-Pearl River Delta, Chengdu-Chongqing, West Coast, Guangdong-Hong Kong-Macao Greater Bay Area, etc.) to improve the comprehensive intellectual property protection system. Accelerate the construction of national intellectual property protection demonstration zones to drive and lead the overall improvement of intellectual property protection.

(J) Deeply participate in global intellectual property governance. The Supreme People's Court and the State Intellectual Property Office will cooperate closely in international cooperation, jointly track and study international development trends and issues in the field of intellectual property protection, and promote the improvement of international rules and standard-setting related to intellectual property protection. Strengthen communication in international negotiations related to IPR protection and effectively safeguard China's IPR interests. Actively share China's excellent experience and cases in IPR protection, and jointly support the capacity building of developing countries in IPR protection. Jointly strengthen cooperation in foreign-related IPR protection, create a first-class international business environment, and help Chinese enterprises "go global".

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