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The author:(作者)aaapublished in(发表于) 2014/7/16 9:13:48 North Canton is expected to take the lead in establishing the intellectual property Court
Establishment of an intellectual property Court and judicial standards in favour of consolidated cases, solving for criminal, administrative and civil cases procedure reasons and because the courts to hear cases, leading to investigations in connection with different, to ensure maximum consistency in judgments, and increase the predictability of the referee.
Law weekend cub reporter Pu Xiaolei
Law weekend intern Zhang Jing Xin
Chinese intellectual property law Research Association said Professor Liu Chuntian, establishment of the intellectual property Court had had the preliminary programme.
Liu Chuntian, said the programme "to set intermediate people's Court in Beijing, Shanghai, Guangdong, cases because these places are more experienced, there are a number of such personnel."
Deputy Director of the political Department of the Supreme People's Court, Gong Jiali believes that establishment of the intellectual property Court is still in the exploratory stage, "still need practice to explore the establishment of the intellectual property Court, court number not a lot, not large in scale."
Liu Chuntian, and Gong Jiali was held on July 7, "reality and ideal forum for the construction of the China intellectual property Court" on the comment. Symposium by the Chinese people's University, Southwest University of politics and law and China's intellectual property law society host, Southwest University intellectual property Research Centre, Research Institute of Renmin University's intellectual property school, Tencent, the Internet and social undertaking.
Southwest University of politics and law of intellectual property Professor Deng Hongguang, Deputy Director of the Research Center said in a weekend interview of rule of law, intellectual property courts construction is an important measure of new judicial reform, which conforms to the international trend of establishment of specialized intellectual property courts and common trends, is reform of the trial moved from the mechanism reform of intellectual property rights, an important symbol.
"I suggest at the Supreme Court level to set up intellectual property courts really crack the current IPR did not meet some problems of the construction of innovation-oriented country. "Deng Hongguang said over the weekend the rule of law.
On April 25, issued by China's highest law court of judicial protection of intellectual property rights (2013) disclosed in the white paper, in 2013, the local people's court handled cases of first and second instance of intellectual property 114,075. White paper, "the case increasing difficulty."
At the Symposium, more than 30 experts on the establishment of the intellectual property Court are basically sympathetic to, hoping to crack the trial standards, local protectionism and other challenges. But legal persons participating in the meeting said, the Court established by the framework, as well as some deep problems in the justice system, still need to continue to explore.
Trial standards are not unified into the biggest problem
Experts believe that in our current intellectual property cases pending, is the biggest problem facing trial standards are not unified and local protectionism.
Associate Dean of Renmin University of China intellectual property Professor Guo He believes, upon the establishment of the intellectual property Court has two core problems facing judicial standards are not unified, uncoordinated administrative proceedings and civil proceedings.
Vice President of intellectual property law in China chengyongshun, unify trial standards is the core intellectual property Court established to resolve the issue, "I recently got a case, the same plaintiff, defendants are not the same, thing to do, but the Guangdong higher people's Court ruling and the Shanghai higher people's Court is completely different. Intellectual property cases unknowable, unpredictable phenomena, I think this is a very important issue. "
"The pilot to a certain extent the separation of internal institutions at the same court, trial size discrepancies. However, because judicial bodies scattered, there are regional legal conflicts or protectionism. "Says Yi Jiming, Director Centre for international intellectual property studies at Peking University.
Intellectual property Deputy Director, research center of zhongnan University Professor Cao xinming said, upon the establishment of the intellectual property Court, must find ways to crack the challenge of local protectionism, "intellectual property rights trial is so different, due to the influence of local protectionism. We do research in some places, although the object of investigation did not explicitly say what impact, but still very clearly tells us that (affecting the outcome of the trial) is local protectionism ".
For reasons of local protectionism, Institute of law, Chinese Academy of social sciences researcher Li Shunde Professor believes that related provisions in the criminal procedure law have caused conflicts in civil cases and criminal cases.
Issued in 1998 on several problems in the implementation of the provisions of the law of criminal procedure explicitly, cases of infringement of intellectual property rights (except for seriously endangering social order and national interests) was included in the law of criminal procedure "the victims have evidence to prove that they are minor criminal cases."
Speaker Professor Shunde Li said, according to the criminal procedure law, criminal cases of intellectual property rights owned by the primary jurisdiction of the Court, but by intellectual property jurisdiction in civil cases, intellectual property cases in the Intermediate Court of general jurisdiction. Speaker Professor Shunde Li said some places in order to circumvent the jurisdiction of using their relationship to civil litigation cases as criminal cases, resulting in a violation of civil and criminal cases.
Court established problem-solving
While Deng Hongguang, one of the main purposes of establishing the intellectual property Court, is to crack the trial standard problems.
"The establishment of an intellectual property Court judicial standards in favour of consolidated cases, solving for criminal, administrative and civil cases procedure reasons and because the courts to hear cases, leading to investigations in connection with different, to ensure maximum consistency in judgments, and increase the predictability of the referee. "Deng Hongguang said in a weekend interview of rule of law.
In addition, experts participating in the seminar generally agreed that the establishment of the intellectual property Court has the following positive aspects:
One is to develop expertise. During the two sessions this year, CPPCC National Committee members, former Director, national intellectual property office Tian Lipu said the cases often involve professional technical issues of intellectual property, such as patent and trade secret cases, copyright and trademark cases in the network environment, which requires the trier of the reasonable knowledge structure, has plenty of experience dealing with major problems.
Second, improving the quality of trials. Qu Sanqiang Dean of Beijing University Law Professor, compared the efficiency of trials, China's future development should emphasize fairness and justice, "in that respect, consideration, increase the intensity of judicial review, allocate more resources, construction and development goals are consistent with the rule of law, and fit the characteristics of intellectual property rights".
Third, establish a good international image. On July 10, the World Intellectual Property Organization (WIPO) Office in China was established in Beijing. Director of the State intellectual property Office of China Shen Changyu said China Office is the affirmation of achievements development of intellectual property in China in recent years, also reflects on the importance of intellectual property rights in China and to look forward to in the future.
Huazhong University of science and Director of the Research Center for intellectual property and competition law professor Zheng Youde said, through the establishment of an intellectual property Court, shows that the Government conveys a "strengthening of intellectual property protection" message, in the introduction of foreign direct investment, increase in credit in the field of intellectual property rights and other aspects of the world of our country, have a positive effect.
In accept rule of law weekend reporter interview Shi, Deng Hongguang think, established intellectual property Court has double meaning: first, conducive to set strengthened protection intellectual property of good international image, consolidation and upgrade domestic attention innovation and attention on innovation results protection of ethos; second, conducive to coordination good China long-term in developing countries of reality conditions and gradually strengthened intellectual property protection of international trend Zhijian of conflict, handle fortunately globalization background Xia of domestic intellectual property protection of efforts and level, To protect our national interests.
City may set up intellectual property courts
Early in 2009, the Zhuhai intermediate people's Court on the proposed establishment of an intellectual property Court plan, with the support of the Guangdong higher people's Court and the Supreme Court, but has no legal basis, only in high-tech zone established the intellectual property divisions.
In addition, Beijing, Shanghai, Nanjing, Guangzhou and other places have made it clear that the first in the country to set up intellectual property courts and referred on report of investigation to the Supreme Court. For some parts of the application, the Supreme Court said "the central authorities are now actively carry out research on this reform task".
Meanwhile, high sustained release signal of deepening judicial reform.
Zhou Qiang, President of the Supreme Court noted in the reports of the two sessions this year, to "promote the IP court jurisdictions and resource and environment construction".
On June 6 this year, deepening reform leading group of the third meeting of the Central. Meeting adopted the programme on the establishment of an intellectual property Court.
Deputy Gong Jiali, Director of the political Department of the Supreme People's Court, said at the Symposium, has more than 30 National High Court have set up intellectual property courts among its multiple, multiple intermediate courts and primary courts are set up more than 400 related Division, intellectual property judge nearly 3000 people, nearly 100,000 pieces of intellectual property cases. "From this point of view, basic conditions for the construction of the intellectual property Court is ripe."
The morning of July 9, Supreme Court in Jinan City, Shandong province held a news conference to publicize the Court's fourth five-year reform program (2014-2018), which explicitly "in terms of court sets to promote intellectual property courts in intellectual property cases are concentrated areas".
Statistics show that as of 2010, Beijing, Shanghai, Guangzhou and Shenzhen in 4 areas of intellectual property cases accounted for more than half of the country.
Yi Jiming, Director of the Centre for international intellectual property research of Peking University said at the meeting, held in August this year the 12 session of the tenth National People's Congress meeting, you may discuss the issue of whether to authorize the establishment of an intellectual property Court of the Supreme Court. If all goes well, will be set up in Beijing, Shanghai and Guangzhou intermediate people's Court of intellectual property.
Recommends the establishment of the High Court-level property Court
Established in North Canton intermediate people's Court of intellectual property scheme, most law experts attending the Conference have suggested that China should set up a high level of intellectual property courts.
Deng Hongguang, Deputy Director Center for intellectual property studies at Southwest University told Xinhua in an interview that, based on systematic thinking and global perspective, at the High Court in the hierarchy it is necessary to set up intellectual property courts, "from a world point of view, most of the countries and regions with an equivalent to the Supreme Court level IPR Court."
Deng Hongguang to rule the weekend reporter, Germany established in 1961, the Federal Patent Court, a special trial judge responsible for intellectual property cases, all patent appeals tenth legislature (Germany one of the branches of the Supreme Court). Japan was established in 2005, intellectual property High Court, was established in 2008 in Taiwan IP court, in 2013, the EU signed an agreement intended to establish European Patent Court.
Liu Chuntian believes that only the establishment of high court level IPR Court will it be possible to favour uniform judicial standards of intellectual property to address converging with the administrative and judicial operation mechanism of intellectual property issues will it be possible to actually build the led by the judicial protection of intellectual property rights protection system.
"Three in one" still need to advance
In 1993, the Beijing Municipal first intermediate people's Court set up China's first intellectual property Court. In June 2008, the national intellectual property strategy guidelines clearly, judicial protection to play a leading role, improve the IPR system, set receives intellectual property specialized intellectual property courts in civil, administrative and criminal cases, appropriate centralized patent technical trials, such as jurisdictional issues, to explore the establishment of intellectual property rights the Court of appeal.
Since then, local courts have a pilot. Currently, there are 6 High Court, 74 and 80 in grass-roots hospital pilot IP "triad" of trial.
Despite the "three in one" mode of trial has been exploring for years, but for this model can be used to set up intellectual property courts, experts have not come to an agreement.
"Inside the Court trial mechanism reform of intellectual property rights, for the establishment of specialized IP courts and accumulated experience, reserve personnel, laid the ' three-in-one ' compound system. But there are issues to consider criminal involves a national criminal justice uniform, including a number of standards, criminal and civil, ' two in one ', will there be to criminal influence threatened civil effects? "Yi Jiming said.
Zhongnan University intellectual property Research Center Deputy Director Cao xinming said in an intellectual property case in the, does not form a unified model in China, "national practice is varied, some courts at the grassroots level, and some in the intermediate people's Court, some grass-roots courts intermediate courts are doing. There will be criminal cases civil cases in the lower court trial, but in the Intermediate Court of phenomenon ".
Grouped in this year's parliamentary session when considering the related reports of the Supreme People's Court, the NPC internal and Judicial Affairs Committee member Dai Yuzhong said: "the trial involves three aspects of intellectual property rights, both with regard to the protection of civil rights, and administrative mechanisms and criminal issues. The ' three-in-one ' problems only the establishment of specialized IP courts could be a good solution. To advocate for comprehensive attention to IPR protection also makes good sense. "
On July 3, national courts on IPR Symposium, Deputy Tao Kaiyuan, President of the Supreme Court demands trial Guide should be strengthened to promote referee uniform, continue to promote intellectual property rights trial "three in one" pilot reform plan governing intellectual property cases layout.
Reforms needed to resolve the underlying issues
"The military, maritime has a clear boundary, but the intellectual property involved in military, maritime, civil and other fields. IP court what is the relationship with ordinary courts? "At the Forum, Cao xinming raised such questions.
China's court system consists of the Supreme Court and three levels of local courts, specialized courts while military and maritime courts, established decades ago.
First the People's Republic of China people's courts Organization Act "illustrative" specialized courts "military courts, transportation on railway transport Court, water Court, forest courts, other courts". According to the 21st century business Herald reported, the 90 's of the last century, when someone has called for the creation of IP court, concerned that is stipulated by the organic law of the people's Court refused on the grounds of the specialized courts have no intellectual property rights in court.
Organic law of the people's courts in 2006 after a recent revision, specialized courts were to "courts such as" in the form described, also provides that the composition and terms of reference of the special people's courts shall be separately prescribed by the Standing Committee of the national people's Congress.
Such a provision, for the establishment of the intellectual property Court reserved system space. Because of this, the establishment of the intellectual property Court, will become an important step in China's judicial system.
Supreme People's Court Department Deputy Director Gong Jiali said, established intellectual property Court as central full deepening judicial reform of a important measures, not only to solution related institutions, and duties, and prepared personnel, and jurisdiction, and guarantees, problem, also to solution some judicial system in the some deep of problem, "like how for classification management, and exploration judge system, and whether implemented handling accountability, and how established better of judge guarantees mechanism,".
(Original title: North Canton is expected to first take off the intellectual property Court "hydrangea")
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