Shandong courts accepted 98,825 civil first-instance cases of intellectual property rights, an average annual increase of 30% in 20 years

Chinanews.com, Jinan, August 27 (Reporter Liang Ben) The reporter learned from the Shandong Higher People’s Court on the 27th that from 2001 to 2020, Shandong courts accepted 98,825 first-instance IP civil cases and concluded 96,313 cases, an average annual increase. 30%. In general, the number of cases has increased dramatically, the field of cases has been continuously expanded, and the strict protection orientation is obvious.

Wang Chuang, vice president of the Shandong Higher People’s Court, said at the press conference on the 20th anniversary of the Shandong court’s professional trial held by the court that day, The judicial protection of property rights has grown from scratch, from weak to strong, and has experienced four successive development stages, namely, the initial period, the development period, the rapid development period, and the new period of joint protection. It has been established to adapt to the economic society of Shandong Province. The development of a complete judicial protection system for intellectual property rights.

“The rule of law is the best business environment. The Shandong court has successively formulated more than 20 normative documents, and the rule of law thinking and method of rule of law provide guarantee for innovation.” Wang Chuang said, among which, in June 2020, the Shandong Higher People’s Court drafted “Implement<关于加强知识产权审判领域改革创新若干问题的意见>The “Implementation Opinions of the People’s Republic of China” was issued to the whole province by the two offices of the province, and 12 specific measures were put forward to solve the problems of “difficulty in producing evidence, low compensation, high cost, and long cycle”. This opinion is the first implementation opinion issued by Shandong Province in the name of the two provincial offices to strengthen judicial protection of intellectual property rights. It is of great significance for strengthening intellectual property protection and stimulating innovation and entrepreneurship.

Wang Chuang, deputy secretary and vice president of the Shandong Higher People’s Court, released the white paper “The Status of Judicial Protection of Intellectual Property Rights in Shandong Courts (2001-2021)”.Photo by Liang Ben

Shandong courts give full play to the role of intellectual property trials in stimulating and guaranteeing scientific and technological innovation, and focus on strengthening judicial protection of new fields and new formats, agricultural scientific and technological achievements, intellectual property rights of traditional Chinese medicine, and commercial secrets. The “Tengda” case tried by the Jinan Intermediate People’s Court was the first “patent infringement case of multi-subject implementation method in the field of network communications” in the country, and it was judged that Tengda Company should stop the infringement and compensate the economic loss of 5 million yuan. The case clarified the criteria for determining infringement of method patents in the field of network communication, reflecting the value orientation of respecting the law of technological development and seeking substantive protection of intellectual property rights, and was selected as the 28th batch of guiding cases by the Supreme People’s Court.

Wang Chuang said that Shandong courts have always adhered to the principle of equal protection, coordinated the promotion of domestic and foreign-related rule of law, coordinated the promotion of domestic and international governance, and equally protected the legitimate rights and interests of Chinese and foreign intellectual property rights holders. It has increasingly become the preferred solution for international intellectual property disputes trusted by the parties. . Due to the successful trial of foreign-related cases, the Shandong Provincial Government won the “Best Cooperation Award” in the “China Intellectual Property Friendship Award” selection activity hosted by the European Union Chamber of Commerce in China.

Based on the reality of the province, Shandong courts actively explored innovations in trial systems and mechanisms, and made significant progress in intellectual property trial organization, trial mechanisms, and trial capacity building.

It is understood that Jinan and Qingdao Intellectual Property Courts are the first batch of intellectual property courts approved and established by the Supreme People’s Court in 2017. Shandong is one of the five provinces that have established two intellectual property courts in one province nationwide. Since the establishment of the Intellectual Property Court, a total of 15,875 cases of various types of intellectual property rights have been accepted and 15,824 cases have been concluded, of which 4,674 cases involving technology related to cross-regional jurisdiction have been accepted, and many cases have been selected as typical cases of national courts.

Since the outbreak of the epidemic, Shandong courts have actively used smart courts to try cases through “cloud court trials” and other methods to provide efficient judicial services. According to statistics, as of the end of 2020, 3340 intellectual property cases in Shandong courts have been tried on the Internet, realizing that “trial execution will not stop and fairness and justice will not stop.” Jinan Intellectual Property Court adheres to the concept of “intelligent trial”. Qingdao Intellectual Property Court takes the lead in establishing an “intelligent 3D evidence management system” in the province, using 3D modeling technology and blockchain technology to realize the digitization of evidence, in order to improve the entire process of intellectual property trials Online case handling capabilities provide strong guarantees. (over)