Current Position: Home > IP News > Listen to the voice of intellectual property in the work report of the Supreme People's Court!


Main work in the past five years

——Service according to law and innovation drive development. Strengthen judicial protection of intellectual property rights and stimulate innovation momentum. 2.194 million intellectual property rights cases were concluded in the first instance, a year-on-year increase of 221.1%. Trial high-tech cases involving 5G communication, 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 fields. A judicial interpretation of the right to new plant varieties was issued, and 1585 cases involving "Jinjing 818" rice and "Danxiahong" pear trees were heard to encourage breeding innovation. Hainan courts have strengthened judicial protection for "Nanfan Silicon Valley", Shaanxi courts have established a judicial protection base for seed industry intellectual property rights, and Gansu courts have established seed courts to protect "agricultural chips". We have issued opinions on strengthening the protection of intellectual property rights in traditional Chinese medicine, and courts in Tianjin and Jiangxi have improved judicial measures to ensure the inheritance, innovation, and development of traditional Chinese medicine. Increase punitive damages. In 2022, the amount of compensation awarded for intellectual property infringement cases increased by 153% compared to 2018, and 143 million yuan was awarded in cases involving WAPI communication standard essential patent infringement. The specialized trial system for intellectual property rights in China has basically taken shape.

——Provide legal services and optimize the business environment. The quality of judicial procedures remains globally leading, making positive contributions to the significant jump 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, and large, medium, small, and micro enterprises will be treated equally and without discrimination. Retrial and correct 209 major property related criminal cases such as the Zhang Wenzhong case and 283 people in accordance with the law, apply mandatory measures such as obtaining bail pending trial and residential surveillance to 6250 business operators in custody, acquit 290 business operators in accordance with the law, resolutely prevent economic disputes from being treated as crimes, and resolutely protect the legitimate property rights and contractual rights of market entities. Promote the spirit of contract through judicial adjudication, legally determine the validity of contracts in the trial of sales contracts, equity transfers, and other cases, and encourage honest transactions. Strengthen contract execution and reduce transaction costs. Strictly prevent evasion and cancellation of debts through false lawsuits, and resolutely pursue legal responsibility for malicious acts of delaying arrears, reducing assets, and expanding debts. Punish contract fraud, collusive bidding, false bankruptcy, and other crimes that undermine the order of the market economy in accordance with the law. To hear administrative agreement cases in accordance with the law, promote administrative organs to improve the mechanism of keeping promises and ensuring the legitimate rights and interests of private economy and social capital partners.

——Safeguard fair competition in the market according to law. We have concluded 29000 cases of monopoly and unfair competition. To hear monopoly cases in the fields of medicine, telecommunications, building materials, cultural consumption, and other fields, punish monopoly agreements and abuse of market dominance in accordance with the law, and protect the vitality of market competition and the legitimate rights and interests of consumers. Punish violations of the principles of good faith and business ethics such as infringement of trade secrets, malicious preemption of trademarks, etc. in accordance with the 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 "clinging to famous brands" and "hitchhiking.". Say no to "porcelain touch rights protection" such as "green pepper" and "honeysuckle", support legitimate 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 in public data, and other cases, and clarify the judicial protection rules for data rights. Punish misuse of data, algorithms, and other behaviors that eliminate or restrict competition, and resolutely stop "big data killing" and forcing "one out of two" and other "store bullying" behaviors. Standardize new formats and models such as live streaming and paid on-demand, protect innovative operations, and punish illegal profiteering. Zhejiang Wenzhou Court actively explores the professional trial mechanism of data resources. Courts in Beijing, Tianjin, and Shanghai have promptly banned the illegal broadcasting of the Beijing Winter Olympics and the World Cup, promoting the optimization of the digital culture market environment.

——The court organizational system is becoming more perfect. Deepening the reform of the circuit courts of the Supreme People's Court, the six circuit courts have heard a large number of major administrative and civil and commercial cases, better achieving 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 masses as the "Supreme People's Court at the doorstep". Establish the first and second international commercial tribunals of the Supreme People's Court in Shenzhen and Xi'an, establish an international commercial expert committee system, and innovate a one-stop diversified international commercial dispute resolution mechanism that organically connects litigation, arbitration, and mediation. The Intellectual Property Court of the Supreme People's Court uniformly hears patent and other technology related intellectual property and monopoly appeal cases nationwide to better protect and encourage technological innovation. The establishment of the Nanjing Maritime Court and the Hainan Free Trade Port Intellectual Property Court, the construction of financial courts in Beijing, Shanghai, and Chengdu Chongqing with high starting points 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 responsive to the needs of national development strategies.

——Internet justice creates new models and rules. Take the lead in introducing the "three rules" of online litigation, online mediation, and online operation of people's courts, so that various online judicial activities can be regulated and standardized. Develop blockchain judicial application opinions, and the judicial blockchain unified platform has completed over 2.89 billion pieces of data on the chain for storage of certificates and certificates. Release opinions on the judicial application of artificial intelligence, take the lead in proposing five principles for the judicial application of artificial intelligence, and clarify that artificial intelligence can only assist and cannot replace judges in making decisions. The Internet courts in Beijing, Hangzhou, and Guangzhou have continuously deepened their exploration in technological innovation, rule establishment, and network governance, forming a number of replicable and promotable experiences. China's internet justice has moved from technological leadership to rule leadership.

Work Recommendations for 2023

——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 legal environment to promote the development and growth of the private economy, fully implement the principle of equal protection, resolutely prevent economic disputes from being interfered with through criminal means, resolutely stop illegal acts that infringe on the personal rights and interests of enterprises, resolutely protect the legitimate property rights of private enterprises and entrepreneurs, support honest management, and encourage fair competition. Strengthen supervision and guidance on cases of infringement of the property rights of private enterprises and the rights and interests of entrepreneurs, and resolutely correct erroneous cases once discovered. 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 judicial protection of intellectual property rights, strengthen anti monopoly and anti unfair competition justice, and improve the appeal hearing mechanism for intellectual property cases at the national level. Improve the judicial policy of the digital economy. Implementation of coordinated development strategy in service areas. Deepen the establishment of "Maple Bridge People's Court". Strengthen environmental resource adjudication and promote green development. Build a higher level of foreign-related judicial system and serve a high level of opening up. Adhere to high-quality judicial services and high-quality development, make property rights and intellectual property rights more judicially protected, perform contracts more effectively, and stimulate innovation vitality.

Source: Supreme People's Court


One on one service for appointment experts

1