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The State Intellectual Property Office launched the application for the second batch of pilot demonstration construction of administrative adjudication of patent infringement disputes

2021-03-26

       In order to thoroughly implement the spirit of the important speech of general secretary Xi Jinping in the twenty-fifth collective learning of the Central Political Bureau, and give full play to the important role of administrative adjudication in strengthening the administrative protection of intellectual property rights, recently, the State Intellectual Property Office issued the notice on the implementation of the second batch of pilot projects for the administrative adjudication of patent infringement disputes (hereinafter referred to as "notice"). )To start the second batch of patent infringement dispute administrative adjudication pilot demonstration construction application work.

      In recent years, the State Intellectual Property Office has conscientiously implemented the decision-making and deployment of the Party Central Committee and the State Council on Comprehensively Strengthening the protection of intellectual property rights. In accordance with the requirements of "opinions on improving the administrative adjudication system and strengthening the work of Administrative Adjudication" issued by the general office of the Central Committee and the general office of the State Council, the State Intellectual Property Office has made continuous efforts to strengthen the top-level design, carry out system research, organize demonstration construction, and strengthen capacity-building We should intensify our work and strengthen the administrative adjudication of intellectual property infringement disputes. From November 2019, we will deploy and carry out the demonstration construction of administrative adjudication of patent infringement disputes in the whole country, and determine eight places including Beijing, Hebei and Shanghai as the first batch of pilot areas to carry out the demonstration construction.

     Under the guidance of the State Intellectual Property Office, all localities have conscientiously implemented the work plan, constantly innovated ways and methods, improved the work system, and emerged a number of good experiences and practices in administrative adjudication of patent infringement disputes. In March this year, the State Intellectual Property Office, together with the Ministry of justice, issued a notice to promote the first batch of 13 typical experiences and practices emerging in Beijing, Hebei and other places in improving the administrative adjudication system, refining the procedural rules, improving the working mechanism, and strengthening the team building to the national intellectual property system and the national judicial administration system. According to statistics, in 2020, the national intellectual property system handled 42000 Administrative Adjudication Cases of patent infringement disputes, an increase of 9.9% compared with the same period last year. Among them, the first batch of pilot areas handled 30000 cases, accounting for 71% of the total number of cases handled, an increase of 10.6% compared with the same period last year. The demonstration construction has achieved good results. In order to further improve the administrative adjudication system, strengthen the administrative adjudication of patent infringement disputes, and give full play to the important role of administrative adjudication in supporting and improving the administrative protection ability of intellectual property rights, according to the work arrangement, the State Intellectual Property Office decided to carry out the application for the second batch of pilot demonstration construction of administrative adjudication of patent infringement disputes. The "notice" has made deployment and arrangement on the pilot work content, application requirements, pilot requirements, etc.

     In the next step, the State Intellectual Property Office will select a number of places with large amount of administrative adjudication cases, good work foundation and high enthusiasm as the second batch of demonstration construction pilot, increase business guidance and support, summarize and promote mature experience and practices in time, and promote the construction of administrative adjudication pilot demonstration with high quality, so as to comprehensively strengthen the protection and promotion of intellectual property rights High quality development provides strong support. (CAI Jianwei, Cui Shangke)
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