Second, have an international perspective and “go out” to tell the world the story of China’s efforts in protecting intellectual property based on law. The IP Court actively participates in international exchange activities, demonstrates China’s achievements in the judicial protection of technology-related intellectual property, promotes China’s concept of judicial protection of technology-related intellectual property, and strives to raise international awareness, understanding and recognition of China’s intellectual property protection. It also contributes Chinese wisdom and Chinese solutions to the formulation of international rules on intellectual property rights. In May 2019, a delegation of 8 Chinese patent judges led by Wang Chuang, Deputy Chief Judge of the IP Court, visited France, Luxembourg, and Germany for theme-based exchanges on technology-related IP case trials. They introduced the establishment of the IP Court and the innovative development of China’s judicial system with respect to technology-related intellectual property, to the European intellectual property judicial circles, sending a strong message that China will continue to vigorously strengthen judicial protection of intellectual property rights. In June 2019, Zhou Xiang, Deputy Chief Judge of the IP Court participated in the 2019 AIPPI Trilateral Meeting – AIPPI China, AIPPI Japan, and AIPPI Korea, co-sponsored by AIPPI China, AIPPI Japan, and AIPPI Korea, and gave a keynote speech in English that comprehensively introduced the IP Court’s institutional settings and innovative working mechanisms, as well as the latest developments in judicial protection of intellectual property in China. Over the last year, the IP Court also had a number of judges “going out” to tell the world the story of China’s efforts in protecting intellectual property based on law, including giving presentations at Harvard University and Yale University in the United States, participating in moot court event at the 2019 AIPPI World Congress in the United Kingdom, joining the Law Enforcement Advisory Committee Meeting of WIPO in Switzerland; attending the “Intellectual Property Mediation Conference” organized by the European Union Intellectual Property Office (EUIPO) in Spain, participating in the IP Week Global Forum in Singapore, going to South Africa for participation in the “International Community of Breeders of Asexually Reproduced Horticultural Plant Varieties (CIOPORA)” Annual Meeting, and taking part in the WIPO Academy Education and Training Programs in South Korea, etc.
(2)案件类型统计分析
三、推进司法公开,开展国际交流,进一步提升司法公信力和国际影响力
(2)专利民事案件特点
法庭通过对外交流,学习借鉴国际上保护知识产权的成功做法,同时向世界讲述中国知识产权法治故事,为世界法治文明贡献中国智慧。一年中,法庭共开展外事交流活动32次,其中接待来访18次,出访8次,参加国内涉外活动6次。
1. Leverage institutional strengths and innovate the trial mechanism
Implement a nationwide circuit trial system. Insisting on putting the people at the center, supported by the 6 Circuit Courts of the Supreme People’s Court and the local courts, the IP Court has explored the circuit trial model of “the IP Court + Circuit Courts”, established a case trial mechanism of “Investigation + Court Hearing”, and arranged circuit trials of the case at the place where the dispute occurred or where the People’s Court of first instance is located, so as to facilitate litigation and promote prompt and on-spot resolution of disputes. Over the past year, the IP Court visited Nanjing, Shenzhen, Jinan, Zhengzhou, Golmud, and other places to conduct onsite investigations on submersible pumps, large screen printing machines, and other large mechanical equipment that are difficult to transport. A total of 23 cases’ onsite investigations and circuit trials were completed, which facilitated the litigation by the public and enriched the intellectual property protection practice of “Fengqiao Experience”. For example, in the case of infringement of utility model patent rights of Dongguan City Topfly Packaging and Printing Co., Ltd. (Appellant) v. Haoda Screen Printing Machinery (Respondent), and Zhuhai Hongsen Circuit Board Co., Ltd. (defendant in the first instance), since it was inconvenient to transport the alleged infringer’s large screen printing machine, and as the alleged infringer had appealed that the court of first instance did not separately compare the 50 technical features included in the patent claim 1 involved, the collegial panel decided to visit the factory in Zhuhai to compare the suspected infringements. The case was heard in public at the First Circuit Court of the Supreme People’s Court in Shenzhen. Finally, the Appellant’s appeal was supported on the basis of ascertained technical facts.
2.案件特点分析
法庭作出的裁判是最高人民法院的裁判,具有终局性和权威性。法庭充分利用技术类知识产权案件二审集中管辖的优势,打造出一批有社会影响力、有统一法律适用标准价值的标杆案例,发挥引领示范作用。
Of the 446 cases of second instance on challenge to jurisdiction concluded by the IP Court, 369 cases were concluded with the decisions of the first instance being affirmed; 56 cases were concluded with the appeals being withdrawn; and 21 cases were concluded by reversal of decisions on appeal, with the reversal rate of 4.7%.
⑥ Characteristics of other types of cases
Cases concerning computer software heard by the IP Court have the following characteristics:
围绕“努力让人民群众在每一个司法案件中感受到公平正义”目标,法庭以司法公开为核心,以司法宣传为抓手,不断增强司法工作的透明度,促进司法公信力的提升。
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