Recently, the State Intellectual Property Office (SIPO) and the Ministry of Justice jointly issued the "notice on promoting the construction experience of administrative adjudication of patent infringement disputes across the country" (hereinafter referred to as the "notice") to local intellectual property offices and judicial departments (bureaus) to promote the 13 typical experience and practices in administrative adjudication of patent infringement disputes in Beijing, Hebei and other places.
The circular pointed out that the Party Central Committee and the State Council attach great importance to the work of administrative adjudication and have made a series of important arrangements for strengthening and standardizing the work of administrative adjudication. In December 2018, the office of the CPC Central Committee and the office of the State Council issued the opinions on improving the administrative adjudication system and strengthening the work of administrative adjudication, which requires that we should focus on the administrative adjudication of intellectual property infringement disputes and compensation disputes. The State Intellectual Property Office and the Ministry of justice, in accordance with the relevant decisions and arrangements of the Party Central Committee and the State Council, regard the administrative adjudication in the field of intellectual property infringement disputes as an important starting point to promote the construction of a government ruled by law, optimize the business environment, and serve the economic and social development. They continue to increase their efforts, improve the work promotion system, and strengthen the administrative adjudication of intellectual property infringement disputes.
According to the notice, since the issuance of the notice on the demonstration construction of administrative adjudication of patent infringement disputes in November 2019, including the first batch of demonstration construction pilot projects of administrative adjudication in Beijing, Hebei, Shanghai, Jiangsu, Zhejiang, Hubei, Guangdong and Shenzhen, all localities have conscientiously implemented the work deployment, continuously innovated methods and improved working systems, A number of good experiences and practices in administrative adjudication of patent infringement disputes have emerged and achieved good results. In order to give full play to the exemplary and leading role of advanced models, further improve the administrative adjudication system and strengthen the administrative adjudication work of patent infringement disputes, the State Intellectual Property Office has organized and carried out the experience and practice submission work of administrative adjudication construction of patent infringement disputes for the whole country. On the basis of local reports, the State Intellectual Property Office and the Ministry of justice selected 13 typical experiences and practices, which were printed and distributed to local governments for reference. These experiences and practices have various forms and distinctive features, mainly from improving the administrative adjudication system in the field of intellectual property rights, refining the procedural rules, improving the working mechanism, strengthening the team building and other aspects, forming experiences and practices that can be copied, popularized and used for reference.
The notice requires that all localities should study hard, explore and form a working mode in line with local conditions, and constantly improve the level of administrative adjudication of patent infringement disputes. We should take this promotion of typical experience and practice as an opportunity, continue to increase efforts, and promote the construction of administrative adjudication of patent infringement disputes with high quality. It is necessary to strengthen the responsibility, pay close attention to the implementation of the work, strive to form a good situation of innovation, comparison and surpassing, enhance the administrative protection ability of intellectual property with the support of high-level administrative adjudication, provide strong support for implementing the new development concept, building a new development pattern, and promoting high-quality development, and celebrate the centenary of the founding of the party with outstanding achievements.
The release of this batch of typical experiences and practices indicates that the demonstration construction of administrative adjudication of patent infringement disputes has achieved phased results, which is of great significance to the in-depth implementation of the decision-making and deployment of the Party Central Committee and the State Council on Comprehensively Strengthening the protection of intellectual property rights, and to further improve the administrative adjudication system and strengthen the work of administrative adjudication. Next, the State Intellectual Property Office will continue to carry out the important speech of general secretary Xi Jinping in the twenty-fifth collective learning of the Central Political Bureau with the departments concerned. It will strengthen the administrative adjudication work of patent infringement disputes as an important aspect of enhancing the administrative protection ability of intellectual property rights, and intensify the guidance for the administrative adjudication work of patent infringement disputes all over the country. Do a good job in the administrative adjudication of patent infringement disputes, and constantly improve the level of administrative adjudication in the field of intellectual property in China. (Cui Shangke)