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最高人民法院知识产权法庭年度报告(2019)(20)

  Develop a “1+76” model for technology-related IP case trials and establish an integrated coordination mechanism. There are 32 High People’s Courts and 44 Intermediate People’s Courts in China that have jurisdiction over technology-related IP cases of first instance. A preliminary “1 + 76” model for technology-related IP case trials with the IP Court as the appellate body has been developed to ensure overall planning and nationwide concerted efforts, and to gradually exert the advantages and overall effectiveness of an integrated coordination mechanism. Over the past year, the IP Court has utilized the integrated coordination mechanism to expand dispute resolution channels and mediate 80 patent infringement cases across regions, and has achieved satisfactory results by “closing cases before the court session begins and resolving disputes before the relevant parties depart.” For example, in the invention patent infringement case of Tong Yonghua and Ningbo Zhaohua Environmental Technology Co., Ltd. (Appellants) v. Yuyao Pude Water Equipment Factory, et al. (Respondents), the IP Court found out that the parties involved had other outstanding cases in different regions and courts with respect to the same patent and other relevant patents; the IP Court then contacted Hangzhou IP Tribunal and Ningbo IP Tribunal. These three courts at three regions and two levels coordinated, cooperated, and jointly participated in the mediation and settled eight cases with one package solution. In the invention patent infringement case of Jiangsu Baodiao Motor Vehicle Co., Ltd. (Appellant) v. Chongqing Yingang Technology (Group) Co., Ltd. et al. (Respondents), with the support of the High People’s Courts in Jiangsu, Sichuan, Chongqing, etc., the IP Court achieved a resolution of 7 cases of first-instance, second-instance and retrial, across regions and procedures.

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