The supreme law defines the jurisdiction scope and judgment standard of intellectual property court cases

Source: People's daily 2014-11-04 intellectual property court trial civil administration "two in one" and "double 11" online shopping Carnival will be kicked off soon, and all major e-commerce is full of gunpowder On October 30, Alibaba issued a circular letter saying "double 11" is a registered trademark of Alibaba Jingdong is the first one to call Ali A trademark registration battle is going on In recent years, a series of intellectual property cases, such as the disputes between jiaduobao and Wang Laoji, and the auction of Qian Zhongshu's letter manuscript, have aroused widespread concern On August 31 this year, the 10th Session of the Standing Committee of the 12th National People's Congress adopted the decision on the establishment of intellectual property courts in Beijing, Shanghai and Guangzhou On November 3, the Supreme People's court held a press conference to introduce the establishment and jurisdiction scope of intellectual property courts in Beijing, Shanghai and Guangzhou It is clear that the system of technical investigators in line with China's national conditions will be improved and the level of intellectual property protection in China will be improved Civil and administrative trial "two in one" is conducive to the unification of judgment standards after the establishment of the intellectual property court, what cases will be tried; which court will the parties want to fight a lawsuit? This is the issue of "jurisdiction" Wang Chuang, vice president of the intellectual property division of the supreme law, introduced the provisions of the Supreme People's Court on the jurisdiction of intellectual property courts in Beijing, Shanghai and Guangzhou According to the provisions, the intellectual property court has jurisdiction over the following first instance cases within the jurisdiction of the municipal district: (1) civil and administrative cases concerning patents, new varieties of plants, layout design of integrated circuits, technical secrets, computer software; (2) bringing a lawsuit against administrative acts involving copyright, trademarks, unfair competition and other administrative acts by the Department under the State Council or the local people's government at or above the county level Administrative cases; (three) civil cases involving the recognition of well-known trademarks Due to the concentration of state ministries and commissions in Beijing, most cases against state ministries and commissions are under the jurisdiction of Beijing courts Therefore, the regulations make it clear that the following administrative cases of first instance shall be under the jurisdiction of the Beijing Intellectual Property Court: (1) those who refuse to accept the decision or decision made by the Department under the State Council on the authorization and confirmation of intellectual property rights such as patents, trademarks, new plant varieties, and layout design of integrated circuits; (2) those who refuse to accept the decision or decision made by the Department under the State Council on the authorization and confirmation of intellectual property rights such as layout design of integrated circuits; and (3) refusing to accept any other administrative act made by the Department of the State Council that involves the authorization and confirmation of intellectual property rights (three) The biggest highlight of the provisions is the complete realization of the "two in one" of civil and administrative trials of intellectual property cases The intellectual property court and the Intellectual Property Tribunal of the higher people's court where the intellectual property court is located have unified jurisdiction over and hear all civil and administrative cases involving intellectual property, which is conducive to the unification of judicial standards and the improvement of the judicial protection level of intellectual property Wang Chuang revealed that Beijing Intellectual Property Court will be set up in early this month, and Shanghai and Guangzhou intellectual property courts will be formally established within this year The intellectual property court will focus on the trial of technical cases, explore and improve the system of technical investigators with Chinese characteristics in line with China's national conditions, improve the scientificity, professionalism and neutrality of technical fact finding, and ensure the fairness and efficiency of the trial of technical cases At present, the supreme law is studying and formulating relevant judicial interpretations and working standards, and clarifying the functional positioning, allocation quantity, selection conditions, management mode, authority exercise and other issues of technical investigators In addition, the supreme law will reorganize and establish the "China intellectual property judicial protection research center", absorb the first-line judges with rich trial experience to participate in the research, strengthen the combination and interaction of theory and practice, and further improve the level and international influence of China's intellectual property trial Wang Chuang said that the next step will be to strengthen the protection of intellectual property rights in emerging industries such as computer software, database, animation and games, and promote the innovative development of emerging industries in China Strengthen the protection of intangible cultural heritage such as traditional knowledge and genetic resources, actively protect the inheritance and commercial development and utilization of intangible cultural heritage, and promote the transformation of China's rich cultural resources into a strong cultural competitiveness One of the characteristics of intellectual property courts in China is that Guangzhou intellectual property court can implement cross regional jurisdiction and cross regional jurisdiction for relevant cases in the province According to the regulations, Guangzhou intellectual property court has cross regional jurisdiction over relevant cases in Guangdong Province The types of cases include first instance patent, new plant variety, integrated circuit layout design, technical secret, computer software and other technical civil and administrative cases as well as the first instance civil cases involving well-known trademark recognition Under the current court system, the jurisdiction and administrative area of the local people's court overlap The jurisdiction of Guangzhou intermediate people's court is limited to Guangzhou, and there are intermediate people's courts in more than 20 cities in Guangdong If all the patent technology cases are heard, it is not conducive to the unification of the judgment standards "We need Guangzhou intellectual property court to implement cross regional jurisdiction and unify judicial standards in Guangdong Province, which is a very important role and function of cross regional jurisdiction," the relevant person in charge said