Challenge 1: leads to diversification of litigation motives. In traditional intellectual property cases, the main purpose of litigants' litigation is to safeguard legitimate rights and interests. Influenced by the commercialization of knowledge, the parties began to use intellectual property litigation as a strategy to crowd out competitors in order to gain a favorable position in the market competition. In the choice of cause of action, in addition to the traditional copyright and trademark disputes, unfair competition and trade secret disputes are also common causes of action for the parties.
Challenge 2: lead to an increase in batch cases. In order to increase the compensation pressure of competitors, some parties choose to focus on litigation in batches within a specific time. Once the plaintiff's claim for compensation is supported, competitors will face enormous compensation pressure, which will directly affect their normal production and business activities. The increase of batch cases has also led to the increase of court trial pressure, and the contradiction between people and cases has become more prominent.
Challenge 3: It increases the difficulty of mediation. Some of the original defendants have competitive relations, have no motivation to cooperate, lack sincerity in mediation in litigation, and explicitly refuse mediation; Even if they express their willingness to accept mediation or have reached a preliminary settlement agreement, they often run aground in the final signing or performance stage. Mediation has become a means for the parties to delay litigation, which increases the difficulty of court mediation.
Challenge 4: Industry development has a great impact on litigation. The development of the industry directly affects the litigation behavior of the parties. At present, the industries involved in intellectual property rights in the core area are still in the period of development and adjustment, with uneven distribution of interests and intensified interest struggle, such as video websites and digital libraries, which reflect the characteristics of related industries. Therefore, the court should pay attention to guiding the orderly and healthy development of the industry during the trial.
Facing the challenge of knowledge economy to intellectual property litigation, the Intellectual Property Division of Haidian Court put forward "three norms":
Specification 1: standardize the trial by investigation. With the strengthening of intellectual property protection, acts prohibited by law have decreased, but competitive acts challenging legal boundaries are common; A large number of cases are novel in type and complicated in legal relationship, so it is necessary to strengthen investigation to accurately grasp the development trend of the industry and clearly sort out various legal issues.
Rule 2: regulate the market through litigation. The Fifth People's Court of Haidian Court actively advocates the guiding role of litigation in the development of the industry, and tries to "quickly adjudicate similar cases" in cases such as film and television works, music works and written works, so as to reduce the impact of litigation on the normal business activities of enterprises and effectively guide the cooperation between enterprises through standardized compensation standards.
Specification 3: regulate the industry through mediation. The Fifth People's Court of Haidian Court actively explores cooperation with internet society of china and other major trade associations in entrusting mediation and assisting mediation, gives full play to the professional advantages of trade associations, promotes dialogue between the parties and provides them with practical and effective solutions to problems.