Main work in the past five years
——Service according to law and innovation drive development. We will strengthen the judicial protection of intellectual property rights and stimulate innovation. 2.194 million intellectual property cases in the first instance were concluded, with a year-on-year increase of 221.1%. We will hear high-tech cases involving 5G communications, new energy and new materials, high-end equipment manufacturing, and strengthen the protection of intellectual property rights in key core technologies, emerging industries, and key areas. The judicial interpretation of the right to new varieties of plants was issued, and 1585 cases of "Jinjing 818" rice and "Danxiahong" pear trees were heard to encourage breeding innovation. The Hainan court strengthened the judicial protection of "Nanfan Silicon Valley", the Shaanxi court established the judicial protection base of seed industry intellectual property rights, and the Gansu court established the seed court to protect the "agricultural chip". We have issued opinions on strengthening the protection of intellectual property rights of traditional Chinese medicine, and courts in Tianjin and Jiangxi have improved judicial measures to ensure the inheritance, innovation and development of traditional Chinese medicine. We will increase punitive damages. In 2022, the amount of compensation awarded for infringement of intellectual property rights increased by 153% compared with 2018, and 143 million yuan was awarded for infringement of essential patents related to WAPI communication standards. The professional trial system of intellectual property rights in China has basically taken shape.
——Service according to law and optimize the business environment. The quality of judicial procedures has maintained a global leading position and made a positive contribution to the sharp rise in the world ranking of China's business environment. We will strengthen the judicial protection of property rights and implement the principle of equal protection. All state-owned and private enterprises, domestic and foreign-funded enterprises, large, medium, small and micro enterprises will be treated equally. In accordance with the law, 209 cases of major criminal wrongs involving property rights, such as Zhang Wenzhong's case, were retried and 283 people were corrected, and 6250 business operators in custody were changed to apply compulsory measures such as bail pending trial and residential surveillance. 290 business operators involved in the case were acquitted according to the law, and economic disputes were resolutely prevented from being treated as crimes, and the legitimate property rights and contractual rights and interests of market subjects were resolutely protected. Carry forward the spirit of the contract through judicial adjudication, identify the validity of the contract according to law in the trial of sales contracts, equity transfer and other cases, and encourage honest transactions. Strengthen contract execution and reduce transaction costs. We will strictly prevent evasion and cancellation of debts through false litigation, and resolutely pursue legal responsibility for malicious arrears, asset impairment, and debt expansion. We will punish contract fraud, collusive bidding, false bankruptcy and other crimes that undermine the order of the market economy according to law. To hear administrative agreement cases according to law, promote the administrative organs to improve the mechanism of keeping promises, and protect the legitimate rights and interests of private economic and social capital partners.
——Maintain fair market competition according to law. 29000 cases of monopoly and unfair competition were concluded. To hear monopoly cases in medicine, telecommunications, building materials, cultural consumption and other fields, punish monopoly agreements and abuse of market dominance according to law, and protect the vitality of market competition and the legitimate rights and interests of consumers. Punish acts violating the principle of good faith and business ethics such as infringement of trade secrets and malicious preemption of trademarks according to law. We will strengthen the judicial protection of traditional brands, time-honored brands and well-known trademarks, try cases involving trademark rights and unfair competition such as "Wuchang Rice", "Qinzhou Yellow Millet" and "Yunnan Baiyao", and stop "near famous brands" and "hitchhiking". Say no to the "touch porcelain rights protection" such as "green pepper" and "honeysuckle", support legal operators and let illegal operators be punished.
——Promote the healthy development of the digital economy according to law. Trial big data ownership transactions, unfair competition of public data and other cases, and clarify the rules for judicial protection of data rights. Punish the abuse of data and algorithms to eliminate and restrict competition, and resolutely stop the "big data killing" and forced "one out of two" and other "big store bullying" behaviors. Standardize new business forms and models such as live broadcast with goods and pay-on-demand, protect innovative operation, and punish illegal profit-seeking. Zhejiang Wenzhou Court actively explored the professional trial mechanism of data resources. The courts in Beijing, Tianjin and Shanghai promptly banned the broadcasting of the Beijing Winter Olympic Games and the World Cup in order to promote the optimization of the digital culture market environment.
——The court organization system is becoming more perfect. Deepen the reform of the circuit court of the Supreme People's Court. The six circuit courts have heard a large number of major administrative and civil and commercial cases, and have better achieved the goals of shifting the focus of the highest judicial organ down, resolving disputes on the spot, and facilitating mass litigation. They are known by the people as "the Supreme People's Court at home". The first and second international commercial courts of the Supreme People's Court were established in Shenzhen and Xi'an, the system of international commercial expert committee was established, and the one-stop diversified settlement mechanism of international commercial disputes that organically linked litigation, arbitration and mediation was innovated. The Intellectual Property Court of the Supreme People's Court uniformly hears patent and other technical intellectual property and monopoly appeal cases nationwide to better protect and encourage scientific and technological innovation. The establishment of the Nanjing Maritime Court and the Intellectual Property Court of the Hainan Free Trade Port, the construction of the financial courts in Beijing, Shanghai and Chengdu-Chongqing from a high starting point and high standards, and the strengthening of the construction of cross-administrative district courts have made the organizational system of the people's courts more adaptable to the needs of the national development strategy.
——Internet justice creates new models and rules. Take the lead in introducing the "three rules" of online litigation, online mediation and online operation of the people's court, so that all kinds of online judicial activities can be regulated and standardized. Formulate the opinions on the judicial application of the blockchain, and the judicial blockchain unified platform has completed more than 2.89 billion pieces of data on the chain for the storage of certificates and certificates. Release opinions on AI judicial application, take the lead in putting forward five principles of AI judicial application, and make clear that AI can only assist and cannot replace judges' judgments. The Internet courts in Beijing, Hangzhou and Guangzhou have been exploring further in terms of technological innovation, rule establishment and network governance, forming a number of replicable and promotable experiences. China's Internet justice has moved from technology leading to rule leading.
Work recommendations for 2023
——We will better coordinate development and security, and serve high-level security and high-quality development in accordance with the law. Strengthen the protection of personal information and severely punish information network crimes. We will earnestly implement the "two unswerving principles", issue opinions on optimizing the rule of law environment and promoting the development and expansion of the private economy, fully implement the principle of equal protection, resolutely prevent interference in economic disputes by criminal means, resolutely stop illegal acts that infringe on the personal rights of enterprises, resolutely protect the legitimate property rights and interests of private enterprises and entrepreneurs, support honest management, and encourage fair competition. We will strengthen supervision and guidance on cases that infringe the property rights of private enterprises and the rights and interests of entrepreneurs, and resolutely correct the wrong cases once found. We will improve judicial policies on property rights protection, market access, fair competition and social credit, and serve to build a unified national market. We will strengthen the judicial protection of intellectual property, strengthen the administration of justice against monopoly and unfair competition, and improve the appeal hearing mechanism of intellectual property cases at the national level. We will improve the judicial policy of the digital economy. Serve the implementation of regional coordinated development strategy. Deepen the establishment of "Maple Bridge People's Court". We will strengthen environmental and resource trials and promote green development. We will build a higher level of foreign-related judicial system and serve a higher level of opening up. Adhere to high-quality judicial services and high-quality development, make property rights and intellectual property rights more judicially guaranteed, contract performance more effective, and innovation vitality more stimulated.
One on one service for appointment experts