Original title: Beijing encourages innovation in accordance with the law, regulates order and promotes a higher level of opening up
Chinanews.com, Beijing, January 8th (Du Yan and Xu Jing) Beijing courts properly heard cases involving new transactions, new models, and new business formats in accordance with the law, strengthened the protection of data rights, digital property rights and personal information, and tried the country’s first smart case in accordance with the law New types of cases such as unfair competition of product voice commands and Bitcoin “mining” contracts have effectively played the role of trial work in stimulating innovation and regulating order.
Kou Fang, president of the Beijing Higher People’s Court, said the above in a work report to the Fifth Session of the Fifteenth People’s Congress of Beijing on the 8th.
Give full play to the role of trial work in stimulating innovation and standardizing order
Kou Fang said that the Beijing courts provide services in accordance with the law to protect the construction of an international science and technology innovation center and a benchmark city for the global digital economy. Deepen the reform and innovation in the field of intellectual property trials, formulate the “Guidelines for Evidence Rules in Civil Litigation of Intellectual Property Rights”, strengthen the judicial protection of intellectual property rights for key core technologies, increase the application of punitive damages, and conclude 76,530 intellectual property cases. In recent years, the average amount of compensation awarded for patent cases in Beijing courts has increased from 420,000 yuan to 790,000 yuan, and the efficiency of first-instance cases of invention patents ranks first in the world.
The Beijing Municipal Court properly heard cases involving new transactions, new models, and new business formats, strengthened the protection of data rights, digital property rights and personal information, and tried the country’s first smart product voice command unfair competition and invalidation of Bitcoin mining contracts. New types of cases, such as cases, effectively play the role of stimulating innovation and standardizing order in the trial work. Strengthen anti-monopoly and anti-unfair competition trials, trial monopoly cases involving platform companies “choose one” in accordance with the law, protect the legitimate rights and interests of platform practitioners and consumers, and prevent the disorderly expansion of capital.
Taking the country’s first smart product voice command unfair competition dispute as an example, the Duyaya learning machine produced and sold by Beijing Zile Technology Co., Ltd. prominently used “小杜” to refer to its products and used “xiaodu xiaodu” voice commands. Wake up and operate. Baidu Online Network Technology (Beijing) Co., Ltd. sued Zile Company and its product seller Beijing Jingwei Zhicheng Electronic Commerce Co., Ltd. to the court, requesting the two defendants to stop the conduct involved in the case, and demand Zile Company to eliminate the impact, compensate for economic losses and be reasonable Expenditure 3 million yuan.
The People’s Court of Haidian District of Beijing held that, combining the popularity and influence of “Xiaodu” and “Xiaodu Xiaodu”, Xiaodu smart speakers and Duyaya learning machine are similar products in terms of functions, audiences, and sales channels. , Zile’s act of being sued is subjectively malicious, and objectively it is easy to make the relevant public mistakenly believe that Duyaya learning machine and Baidu’s Xiaodu smart speakers and related services may have product development, technical support, and authorization cooperation. The specific connection in other aspects has led to confusion. Based on this, the first instance judged that Zile had eliminated the impact of its unfair competition and compensated Baidu Online for economic losses of 500,000 yuan and reasonable expenses of 50,000 yuan.
Efficiently resolve foreign-related commercial disputes and promote a higher level of opening up
Kou Fang stated that the Beijing Municipal Court serves to protect Beijing’s “two districts” in accordance with the law. The Beijing Financial Court was built with a high starting point and high standards, actively promoted the innovation of the financial adjudication system and mechanism, and jointly established a financial judicial risk warning “smoke index” with relevant financial regulatory agencies, and concluded 179 cases with a value of more than 100 million yuan. Actively strive for the Supreme Court to formulate opinions on providing judicial service guarantees for the construction of Beijing’s “two districts”, and promote the orderly implementation of 23 tasks.
According to reports, after the establishment of the Beijing Financial Court, it strengthened communication and cooperation with relevant financial regulatory agencies, and initially realized the docking and sharing of the Beijing smoke index monitoring system and the trial system. Through the quantification and grading early warning of financial risks, it is in the process of filing, trial, and execution. Risk warnings are given to the judges of the case at each stage.
In addition, the establishment of the International Commercial Court in Beijing on December 28, 2021 is conducive to meeting the needs for diversified resolution of international commercial disputes, effectively resolving foreign-related commercial disputes, and is conducive to creating a market-oriented, rule-of-law and international business environment, and better service guarantees The construction of the Beijing International Exchange Center and the promotion of a higher level of opening to the outside world. Established a one-stop multiple dispute resolution center for international commercial disputes and Universal Resorts, launched the nation’s first integrated platform for multiple dispute resolution for financial cases, used blockchain technology to deposit 40,000 online certificates, successfully mediated 6,315, and was approved by the Ministry of Commerce. Selected as the “Best Practice Case of the Comprehensive Demonstration Zone for Expanding and Opening up the National Service Industry”.
Among them, the one-stop multiple dispute resolution center of Universal Beijing Resort mainly deals with personal injury and property damage compensation disputes between tourists in the resort, contract disputes between tourists and related businesses, companies, and resorts. Other disputes in the district that are suitable for mediation by the Dispute Resolution Center provide one-stop judicial services such as legal risk assessment, pre-litigation mediation, judicial confirmation, case registration, material collection and transfer, inquiry and consultation, and contact with judges.
Kou Fang said that Beijing provides services in accordance with the law to ensure and optimize the business environment. Strengthen the judicial protection of property rights, maintain a fair, transparent, and predictable market order in accordance with the law, and concluded 155,852 commercial cases, and 3 cases were selected by the Supreme Court as “Typical Civil and Commercial Cases for Promoting the High-quality Development of Private Economy”. Strengthen the linkage between the government and courts of bankruptcy, and give play to the important role of bankruptcy trials in improving the rescue and exit mechanism of market entities.
The Beijing Municipal Procuratorate also strengthened the awareness that protecting intellectual property rights means protecting innovation, promoted the centralized and unified performance of intellectual property procuratorial functions, prosecuted 240 people for infringing intellectual property rights in accordance with the law, and handled 232 related civil and administrative prosecution and supervision cases. Docking the “Three Cities and One District” main platform construction, global theme parks, and the intellectual property protection needs of time-honored enterprises, establish a coordinated protection mechanism and procuratorial liaison office, and integrate into the entire chain of protection pattern.
In 2022, Beijing courts will continue to strengthen intellectual property trials, strengthen anti-monopoly and anti-unfair competition justice, and give better play to the role of judicial services in ensuring the high-quality development of the capital. The Beijing Municipal Procuratorate will continue to deepen the supply-side structural reforms, and promote the procuratorial supply system to meet the needs of high-quality development in the capital, so as to promote the comprehensive and coordinated development of the four major procuratorial agencies, and drive and promote the systemic reshaping of procuratorial forces. (Finish)
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