China.org.cn | October 30, 2022
CRNTT:
As we know, protecting intellectual property rights is equal to protecting innovation. Could you please introduce the progress made by the people's courts in the new era in serving innovation-driven development and strengthening judicial protection of intellectual property rights? And what specific plans do you have for the next step?
He Rong:
Thank you.
The report to the 20th CPC National Congress pointed out that it is necessary to strengthen the legal protection of intellectual property rights and speed up efforts to achieve greater self-reliance and strength in science and technology. General Secretary Xi Jinping stressed on many occasions that innovation is the primary driving force behind development, and protecting intellectual property rights is equal to protecting innovation. Over the past 10 years in the new era, the people's courts have adhered to the protection of intellectual property rights strictly in accordance with the law, and supported innovation-driven development and the country's efforts to build greater scientific and technological strength.
First, the scope and intensity of judicial protection have constantly been increasing. At present, the scope of intellectual property rights trials has covered patent, trademark, copyright, trade secrets, integrated circuit layout designs, new plant varieties, geographical indications, and other rights protection, as well as unfair competition, monopolistic behavior regulation, and other related cases. The types of legal disputes are becoming more and more diverse. Since 2013, 2.738 million first-instance intellectual property rights cases have been concluded, with an average annual increase of 24.5%.
Second, the ability and effect of the legal system on stimulating innovation and creativity have become more prominent. We have promulgated judicial interpretations concerning plant variety rights, trade secrets protection, and punitive damages, so as to protect the legitimate rights and interests of inventers and innovators in accordance with the law and to serve China's efforts to achieve greater self-reliance and strength in science and technology. We have cracked down on crimes such as counterfeiting and shoddy products and infringement with the aim of promoting independent innovation in the seed industry. We have issued opinions on supporting the building of a unified national market, strengthened judicial practice against monopolies and unfair competition, so as to maintain a fair market order. We have handled cases in which e-commerce platforms obliged businesses not to operate on competing platforms and used big-data analysis to price products to the disadvantage of existing customers in accordance with the law, and constantly strengthened the protection of the legitimate rights and interests of workers in new forms of employment and consumers, to promote the standardized and healthy development of the digital economy and platform economy.
Third, the specialized judicial system and protection mechanism have been further improved. We have given full play to the function of IP court of the SPC, the four IP courts of Beijing, Shanghai, Guangzhou, and Hainan Free Trade Port, as well as local IP courts, and advanced the "three-in-one" reform of integrating civil, administrative and criminal trial of IPR cases into one division . Punitive damages have been applied, significantly increasing the cost of infringement. We have strengthened the mechanism that dovetails administrative law enforcement and justice, and improved the level of protection through the whole legal process.
Fourth, the international influence of judicial protection has continued to increase. We have impartially protected the lawful rights and interests of IP right holders both at home and abroad in accordance with the law, fulfilled obligations of international treaties, deepened exchange and cooperation with the World Intellectual Property Organization and other such entities, and showed China's unequivocal commitment to strict IP protection to the world. Therefore, more and more foreign companies have chosen Chinese courts to resolve IP disputes.
Going forward, we will give full play to the role of courts in accordance with the decisions and plans of the 20th CPC National Congress, and support the implementation of the strategy to invigorate China through science and education. We will continue to strengthen judicial protection of IP in a bid to provide effective judicial services for promoting high-quality development and building up China's strength in science and technology. We will promote and improve IP protection rules in such fields as big data, artificial intelligence, and genetic technology, strengthen the enforcement of laws against monopoly and unfair competition, strengthen the mechanism that dovetails administrative law enforcement and justice, and regulate and guide the healthy development of capital in accordance with the law. In addition, we will ensure an equitable, efficient and sound judicial protection system with scientific governance and clear-cut rights and boundaries, and strengthen the construction of a professional trial system to further deepen international judicial cooperation and exchange, and continuously enhance the fair image and international influence of IP protection in China. Thank you.