China's first intellectual property court opens in Beijing to hear patent disputes

Abstract: Yesterday afternoon, Beijing Intellectual property Court in the Haidian District, Chang Hua Road officially opened, this is China's first built and uncovered intellectual property court. Yesterday, the Beijing Intellectual Property Court opened the case, staff are directing lawyers to use the self-help Help desk inquiry letter yesterday afternoon, Beijing intellectual property Court in Haidian District, Chang Hua Road officially unveiled, this is China's first built and uncovered intellectual property court. Yesterday, the Beijing Intellectual Property Court seized the case, staff are directing lawyers to use the self-help desk to query information.

Yesterday 2:30 P.M., Beijing Intellectual property Court officially opened the case, this is China's first built and uncovered intellectual property court. In the future, the Beijing intermediate courts will no longer accept civil and administrative cases of intellectual property.

Cases of intellectual property rights in areas subject to cross-regional jurisdiction

The newly established intellectual Property Court of Beijing is located in Haidian Changhua Road Guan Fang Mansion. The court has a chamber, a first court of intellectual property, a second trial of intellectual property and a trial supervision tribunal, a technical investigation room and 2 judicial auxiliary agencies of the police force and 1 integrated administrative bodies. Centralized jurisdiction of the original Beijing Municipal People's Court jurisdiction of the civil and administrative cases of intellectual property.

In accordance with the provisions of the supreme Law on the jurisdiction of intellectual property courts in Beijing, Shanghai and Guangzhou, the Intellectual Property Court of Beijing has the right to cross the region to jurisdiction over the relevant patents, technical secrets, computer software and other professional and technical intellectual property rights civil and administrative cases of first instance; to the State Council department or , trademarks, unfair competition and other administrative acts to bring the administrative case of litigation, involving well-known trademark identification of civil cases.

In addition, the Court also has exclusive jurisdiction over the case of instance authorization, which mainly includes: the administrative cases of intellectual property rights authorization, which are related to the compulsory license of the State Council, and other administrative acts related to the authorization of intellectual property rights. At the same time, the parties will hear the appeal cases of the instance copyright, trademark, technical contract, unfair competition and other intellectual property rights civil and administrative judgments and rulings made by the People's Court in Beijing.

22 Judges average age 40 years

Recently, the Beijing Municipal People's Congress appointed Suping as the president of the Beijing Intellectual Property Court, Trial Committee members, judges, Chen Jinchao, song Fish as deputy Dean, trial committee members, judges. The meeting also voted for the appointment of the first 22 judges.

According to reports, these judges through the judges selection committee in accordance with the principles of fair, impartial, open to organize the assessment of the selection, from the Beijing three-level court experienced in the selection of outstanding intellectual property judges, the average age of 40.2 years, 91% are postgraduate education, the average number of years of work in intellectual property trial Intellectual property trial experience and trial ability are more prominent.

Chen Jinchao, the Intellectual Property Court in the establishment of a judge's quota of 30, the remaining will be based on the case trial and the situation of the judges, timely selection of expansion. In addition, the Intellectual Property Court will set up 15 judicial administrators and 51 judicial auxiliary personnel.

Yesterday after the listing, Beijing Intellectual property Court from yesterday to accept the case, the People's Court on the same day no longer accept the intellectual property rights of civil and administrative cases, the parties to the Intermediate People's Court before November 5 to submit prosecutions, appeals materials cases, will continue to be examined by the Chinese Academy, file and trial,

According to the relevant person in charge, with the establishment of the Intellectual Property Court, three Chinese courts will be abolished, the intellectual property Court in Beijing is expected to be the annual number of cases will reach 14,000 to 15,000 pieces.

Highlight 1

First set up "DIY self-service desk"

Yesterday, the Beijing Intellectual Property Court ushered in the filing of litigation materials, the parties, two o'clock in the afternoon began to put the number, as of the night has been ranked 30th.

"We were notified in the morning of the establishment of the court, just when the material was ready to come over and file, I think the establishment of the knowledge-producing court marks the Golden age of our legal system, and the trial of IPR cases is more professional. "said one lawyer.

The Court has nine window for filing and one for the ticket-changing window, and one for the ABC fee window. Each window is actually a small compartment, between the judge and the client sitting in the compartment between the two sides of the platform communication. According to the site staff, due to intellectual property cases parties as legal persons and the professional nature of the case, each audit material time is longer. But the party has been successfully filed in the morning.

Different other courts, a major feature is the establishment of a "DIY self-service" platform, configured four computers. The parties may inquire the information in this, connect the outside net to receive the mail, as well as the complex knowledge production material from the U disk to export, realizes the electronic operation.

In addition, the Court has electronic screen can click to view the real-time video information in the courtroom, including some cases of trial, is a judicial public initiative.

Highlight 2

Ad hoc two new seats before the Tribunal

In contrast to other courts, the tribunal sits next to the clerk's position and has more than the "technical investigator" and "Judge assistant" seats.

The judges ' assistants and technical investigators are members of the judicial Auxiliary, respectively responsible for assisting the judges in legal research, drafting legal instruments and providing professional technical advice to judges in the adjudication of cases.

Among them, "Technical investigation officer" is the intellectual property court's biggest characteristic. Deputy Dean Chen Jinchao introduced, the knowledge of the production court to accept and hear the case of the main technical cases, the judge is basically the legal background. The judge must have the technical personnel to judge the technology fact to be helpful, is the technical investigation officer.

At present, the technical investigators are not in place, and the court will recruit the society according to the situation. The qualification and qualification requirements of technical investigators should be the judicial interpretation of the Supreme Court, which will provide for the qualifications of technical investigators, their status and role in litigation.

Unlike other courts, the intellectual Property Court does not have an "assistant judge" and is replaced by the "assistant judges". Chen Jinchao introduced, as an important content of judicial reform, the future court only has the trial judge and the assistant of the judge, the judge has the jurisdiction, the Judge Assistant is only the judicial auxiliary personnel, the responsibility is to help the judge to carry on some law research, help the judge to write the legal document and so on.

Chen Jinchao said that the judges ' assistants also have to pass the judicial examination, a certain period of work conditions, "in the future in the Intellectual Property Court will not be the level of assistant judges." ”

Paparazzi

Late: Trial at the same time explore reform

On the opening of the Beijing Intellectual Property Court, Suping, the dean of the hospital, said that after the establishment of the hospital, the hospital will face the reform of the new model of judicial reform, involving administration, cadre management, personnel system and so on. The establishment of the Institute, will also increase the protection of intellectual property rights, to crack down on violations, so that the perpetrators see the judicial protection of the strength of the deterrent.

Late introduction, the establishment of the Institute will face a heavy trial mission, the jurisdiction of the case is a large part of the exclusive jurisdiction of the Court, involving patents, trademark administrative cases, only these two parts of the case of the annual ultra million pieces. At present, 25 people in the hospital have jurisdiction, in the face of such a heavy task, will be in-depth study of intellectual property trial law, improve trial efficiency, ease the case pressure. In addition, the Court will attract external support, including experts, academics, technical background jurors, participation in international exchanges, and the establishment of a mechanism for joint trials and study studies.