In recent years, China has accepted more than 400,000 intellectual property cases every year, which has become the country with the largest number of related cases, especially patent cases, and one of the countries with the shortest trial period. Strengthening judicial protection of intellectual property rights in an all-round way is not only an objective need for China to abide by international rules and fulfill its international commitments, but also an inherent requirement for China to promote high-quality economic development and build a new open economic system at a higher level.
To be stronger and bigger is a serious attitude to protect intellectual property rights by using justice in China in recent years. For example, crack down on the infringement of intellectual property rights by rectification networks, and effectively respond to rights holders' demands for rights protection on e-commerce platforms; Reasonable application of the rules of burden of proof in civil litigation, reducing the burden of rights holders to safeguard their rights according to law; Effectively protect the property rights of service inventors, and protect the legitimate rights and interests of R&D personnel to receive bonuses and remuneration for patent implementation.
Focusing on meeting the development needs of new fields and formats such as big data, artificial intelligence and genetic technology, the Supreme Law explores the establishment of a technical fact identification mechanism for technical investigators, technical consulting experts, technical appraisers and expert assistants to participate in litigation activities, so as to improve the objectivity, fairness and scientificity of technical fact identification.
In the prevention and control of normalized epidemic situation, people's courts strengthen judicial response to ensure "six stabilities" and "six guarantees". In view of the new situation and new problems brought by new technology to the trial, local courts actively explored the digitalization and intelligent transformation of the service industry and the healthy development of the digital economy, and strengthened the protection of data rights and personal information.
Legal basis:
patent law of the people's republic of china
Article 65 Where a patent is exploited without the permission of the patentee, that is, the patent right is infringed and a dispute arises, the parties concerned shall settle it through consultation; Unwilling to negotiate or failing to do so, the patentee or interested party may bring a suit in a people's court or request the administrative department for patent affairs to handle it. When the administrative department for patent affairs finds that the infringement is established, it may order the infringer to stop the infringement immediately. If a party refuses to accept the decision, he may bring a lawsuit to the people's court in accordance with the Administrative Procedure Law of the People's Republic of China within 15 days from the date of receiving the notice of handling. If the infringer fails to prosecute and stop the infringement upon expiration of the time limit, the administrative department for patent affairs may apply to the people's court for compulsory execution. At the request of the parties concerned, the administrative department for patent affairs may mediate the amount of compensation for patent infringement; If mediation fails, the parties may bring a lawsuit to the people's court in accordance with the Civil Procedure Law of People's Republic of China (PRC).
Article 66 Where a patent infringement dispute involves an invention patent of a new product manufacturing method, the unit or individual that manufactures the same product shall provide proof that its product manufacturing method is different from the patented method.
Where a patent infringement dispute involves a patent for utility model or a patent for design, the people's court or the administrative department for patent affairs may require the patentee or interested party to issue a patent evaluation report made by the patent administrative department of the State Council after searching, analyzing and evaluating the relevant utility model or design as evidence for hearing and handling the patent infringement dispute; The patentee, interested party or accused infringer may also issue a patent evaluation report on his own initiative.