Recently, the CPC Central Committee General Office and the State Council General Office issued the Opinions on Several Issues Concerning the Reform and Innovations in the Trial of Intellectual Property Rights. On February 28, the State Council held a press conference and invited Tao Kaiyuan, Vice President of the Supreme People's Court, to introduce the "opinions" and to answer a reporter's question.


Tao Kaiyuan said that Opinions is the first milestone programmatic document for IP trial issued by China Council and the State Council and is of great realistic significance and far-reaching significance for accelerating the process of China's trial system of intellectual property and the modernization of judicial power in an all-round way The historical significance.


Solve the "burden of proof, low compensation, long cycle" and other issues


The NPC Standing Committee's law enforcement inspection report on the Patent Law and the Copyright Law pointed out that there are such problems as "hard evidence, low compensation and long cycle" in the field of intellectual property rights protection. Tao Kaiyuan said that Opinion insists on problem orientation and goal orientation, strengthens the top-level design and focuses on perfecting the system of intellectual property litigation, focusing on strengthening the construction of the court system of intellectual property rights, strengthening the building of the trial team of intellectual property rights, and resolving the influence and Restrict the overall, institutional and fundamental issues of the judicial protection of intellectual property and greatly enhance the credibility of the judicial system of intellectual property.


According to statistics, for the first time, the number of first-instance IPR cases in courts nationwide exceeded 200,000 in 2017, up 40.36% from the same period of 2016, setting a record high. "The number of intellectual property judges has not increased significantly, but the number of cases concluded and the number of cases closed have both risen sharply, and the rates of retrial and trial remission have both declined." According to Tao Kaiyuan, the quality of trial in courts is constantly improving and diversified disputes The resolution mechanism has also solved a large number of cases.


"As an institutional arrangement and incentive mechanism for the property rights of innovation, the intellectual property system is the basic guarantee for the driving force behind innovation." Tao Kaiyuan said that judiciary is the most effective, fundamental and authoritative tool for protecting intellectual property and "opinions" will "establish a platform for protecting knowledge As an important part of the guiding ideology, property rights is the concept of protecting innovation will further stimulate the enthusiasm of innovation in the whole society, promote public entrepreneurship and innovation, and constantly enhance the innovation and competitiveness of our economy.


Reunification of intellectual property standards


Opinions on the establishment and improvement of specialized trial system of intellectual property requirements, to achieve the specialization of the trial of intellectual property cases, centralized jurisdiction, the procedure of intensive and professional staff to fundamentally solve the referee standard of intellectual property is not uniform, litigation procedures Complex and other constraints on scientific and technological innovation system problems.


"Different judgments with the same case will make the people lose predictability of the legal consequences." According to Tao Kaiyuan, the people's court mainly handled case judgments, formulated judicial interpretations in a timely manner, formulated judicial policies in a timely manner, issued guiding cases on intellectual property rights and continuously strengthened intellectual property rights Judges training and education efforts to ensure judicial unity.


On the introduction of judicial interpretation, Tao Kaiyuan said that since the judicial interpretation system was established, the Supreme People's Court has formulated 36 judicial interpretations on intellectual property rights. "At present, there are about 10 judicial interpretations on intellectual property rights that are scheduled on the plan list, It plans to launch three to four projects a year and steadily push forward the system of judicial interpretation of intellectual property rights. "Tao Kaiyuan said that judicial interpretation has provided a standard for promoting accurate and effective enforcement of intellectual property laws and has given the lower courts a clearer basis for their actual operation .


In addition, the "Opinion" put forward "perfect case guidance system of intellectual property," as one of the ways to referee standards of concern. According to reports, since the establishment of the case guidance system, up to the end of 2017, among the 92 guiding cases issued by the Supreme People's Court, there were 20 intellectual property rights involved, accounting for more than one fifth of the total. "For such guidance cases, we ask the lower courts to 'refer to the trial of similar cases'," said Tao Kai-yuan.


To create a "preferred"


"Strive to make the Chinese courts a" preferred "solution to international intellectual property disputes that the parties trust." Tao Taoyuan said the introduction of "opinions" is an important guarantee for the modernization of the IP trial system and the judicial power.


Tao Kaiyuan believes that in order to become "preferred", it depends on a high level of trial quality. The Opinion takes the modernization of the trial system and the modernization of the judicial power as its two major grasps and actively constructs a specialized trial system for intellectual property rights so as to create a contingent of intellectual property judges with a firm political outlook, a comprehensive understanding of the law, a familiarity with technology and an international perspective. He cited the case of Beijing Intellectual Property Court as an example. Currently, 30% of the cases in this hospital are foreign-related cases, many of which involve parties involved in the foreign affairs. "This illustrates from one aspect that overseas parties are more willing to choose from China, especially in the IP court. "


According to reports, the Supreme People's Court also actively participated in and guided the creation and revision of international IP governance rules through various dialogue platforms, and promoted the establishment of international rules that are more fair, just, open and transparent. The international influence of China's judicial protection of intellectual property rights has been further expanded, and the image of a responsible big country that protects intellectual property rights according to law has been further enhanced.