The Higher People’s Court of Liaoning Province recently issued the "Implementation Opinions on Strengthening the Judicial Protection of Intellectual Property and Promoting the Construction of a Legalized Business Environment", which clarified three measures to improve the efficiency of litigation in intellectual property cases, and strive to achieve convenient and efficient judicial services for intellectual property rights, the efficiency is significantly improved.
The "Opinions" consists of five parts and 22 articles, and puts forward specific requirements in six aspects, including adhering to justice for the people, playing a functional role, promoting reform and innovation, and highlighting value guidance. The "Opinions" proposes to establish and improve a mechanism for quick judgment of intellectual property cases, apply simple procedures to simple cases, and urge procedures to be handled quickly and easily, and to promote the simplification of litigation procedures for quick cases; strengthen rules and guidelines for intellectual property jurisdiction disputes, and regulate abuse of jurisdiction objections and other malicious delays in litigation; optimize the judicial authentication business process, strictly regulate the extension of the trial period, and the retrial approval mechanism, effectively shorten the litigation cycle, and effectively reduce the judicial costs of the parties.
The "Opinions" make it clear that measures for the convenience and benefit of the people in intellectual property justice should be implemented in-depth, with immediate, happier, and once-handling as important means of optimizing judicial services, and providing multiple channels and multiple levels for all parties. Various types of "menu-based" dispute resolution methods and dispute resolution services, and strive to realize the judicial service "Enter only one door, visit only one time"; and create an intellectual property rights judicial protection environment free from the interfering of ‘Guanxi (relations)’.
Recently, the Higher People’s Court of Shaanxi Province held a press conference on strengthening judicial protection of intellectual property rights, issued the "Implementation Opinions on Strengthening Judicial Protection of Intellectual Property Rights", proposed new measures and mechanisms for comprehensively strengthening and focused on improving the quality and level of judicial protection of intellectual property rights.
The "Opinions" is divided into nine parts with a total of 33 articles. Clarified the goals and tasks of judicial protection of intellectual property rights in Shaanxi, highly summarized the judgment ideas of various intellectual property cases, and explored the path of scientific and proper trial of intellectual property cases in accordance with the law. The "Opinions" responds to issues that are commonly reflected in practice, such as prior use, the way to review legal source defenses, judging the "originality" of works, determining the responsibility of network service providers, and applying the punitive damages system; adopting new types of evidence-based on digital signatures and blockchain technology, and strengthening protection for emerging cultural and technological integration industries such as digital content, virtual entertainment, and new media; and by focusing on the lawsuit evidence rules and compensation calculation methods to solve the troubled knowledge issues such as “difficult proof” and “low compensation” in intellectual property rights cases.
The "Opinions" incorporate elements of Shaanxi, and summarize the experience and practices of Shaanxi’s establishment of a “Belt and Road” international commercial legal service demonstration zone platform, and the establishment of the “six mechanisms” protection pattern by the Shaanxi Higher People’s Court and the Provincial Intellectual Property Office, and propose specific content to improve the international influence of intellectual property protection of Shaanxi, focusing on promoting the modernization of the intellectual property adjudication system and adjudication capabilities.
