The Xi'an Intermediate People's Court constructs a new model of intellectual property disputes and complaints and docking

introduction:

Faced with increasingly surging intellectual property disputes, mediation has become the "diversion valve" and "stabilizer" of the resolution of intellectual property disputes.

Then, before the lawsuit, in the lawsuit, how to start the mediation process of intellectual property disputes, how to ensure the performance of the mediation agreement after the dispute mediation is successful, and if the dispute mediation is unsuccessful, how to deal with subsequent proceedings, this involves an important concept ——The intellectual property disputes and complaints.

In order to effectively promote the diversified mechanism of intellectual property disputes, promote the efficient and rapid resolution of intellectual property disputes, effectively protect the legitimate rights and interests of rights and market entities, and actively build a business environment for rule of law. The Intellectual Property Court of Xi'an Intermediate People's Court gives full play to its professional advantages, actively practiced the "1863" working method, aimed at the construction of "six hospitals", and gradually converged into "diversification, comprehensive, tight connection, high efficiency, excellent service" of "high -efficiency, high efficiency, excellent service". New models are connected.

1. "Diversification and comprehensive" create a large -scale protection pattern of intellectual property rights

In the past three years, the Xi'an Intellectual Property Court has accepted 8,435 cases of various types of intellectual property rights, with an average annual acceptance and conclusion of the number of cases have risen significantly. The per capita conclusion of judges has been in the province's intellectual property trial sequence in the past four years. Behind the increase in the number of intellectual property cases is the improvement of people's awareness of intellectual property protection. It is also a multi -measure of the Xi'an Intermediate People's Court to improve the coordinated protection mechanism, strive to build a large -scale protection structure of intellectual property, and create intellectual property co -construction, co -governance, and sharing well. The embodiment of social atmosphere.

At the beginning of the establishment of the Xi'an Intellectual Property Court, the Xi'an Intermediate People's Court shall jointly establish a diversified dispute resolution mechanism with the Provincial and Municipal Intellectual Property Office to explore the system of expert database resource sharing and technical investigation officer system. , Introduce the reform of judgment methods such as expert opinions, expert appraisal, etc., and use the "four -in -one" working mechanism to solve the problem of intellectual property trial.

In 2019, the Xi'an Intellectual Property Court signed the "Agreement on Establishing an Intellectual Property Protection Cooperation" with the Xi'an Intellectual Property Protection Center, which marked the formal establishment of the city's intellectual property collaboration protection and disputes. In addition, the Xi'an Intermediate People's Court also signed the "Implementation Opinions of the Establishment of the Source of the Source of the Faculty to Promote the Source of Contradictions and Disputes to Deepen the Construction of the Diversified Disputes" with 9 municipal government departments, including the Municipal Judiciary Bureau, to establish the leadership of party committees, government responsibility, social participation, rule of law, and guarantee. The diversification mechanism of disputes between the courtyard linkage and system governance.

By strengthening exchanges and cooperation with judicial organs and administrative agencies, and actively exploring the multi -mediation model of intellectual property rights, the Xi'an Intermediate People's Court has been focusing on building a large -scale protection pattern of intellectual property protection to accelerate the strong joint force of intellectual property protection.

Second, "tightly connect, high efficiency" to build a diversified solution mechanism

Establishing a complaint and docking mechanism for intellectual property disputes is an effective path and important channel for integrating social resources, administrative resources, and judicial resources, quickly resolving intellectual property disputes, and ensuring the legitimate rights and interests of the parties. Essence

Strengthen online complaint docking mechanism

Online complaints are conducive to saving judicial resources, reducing the pressure of judicial trials, conducive to promoting the scientific and longing of intellectual property protection, and improving the legal effects of different social entities to participate in the resolution of disputes. At the beginning of the Chinese New Year in 2020, the Xi'an Intellectual Property Division accepted a special intellectual property dispute case, and a British company sued a transnational case of a trademark infringement dispute in Xi'an. In the way of "Yun Ting Trial", the undertaking judge remotely guided the parties to choose the pre -complaint to mediate the procedure, and was taken over by the Xi'an Rong Commercial and Commercial Legal Service Center to mediate the work. Due to the impact of the epidemic and multinational factors, the mediation work is mainly carried out through the video connection of the people's court mediation platform, and the case materials are sent by electronic delivery. The two parties voluntarily reached a mediation agreement through the mediation procedure of the previous complaint, and finally ruled to confirm. The pre -mediation case of transnational complaints was the first case of the Intellectual Property Court adopted a new method of "exclusive system+electronic delivery", and it was also the first case of foreign -related intellectual property confirmation cases in Xi'an.

Innovate "mediation in the vote + commissioned consultation" mode

In September 2021, the Xi'an Intellectual Property Protection Center successively accepted eight intellectual property infringement cases commissioned by the Xi'an Intellectual Property Court. The commissioned mediation case covers the types of patent disputes such as invention, practical new models, and design. As a mediation person, experts participated in the mediation work, analyzed and judged the technical characteristics and infringement facts from a professional perspective, and promoted the inner confirmation of whether the parties reached the inner confirmation of whether the actual infringement was reached, and laid the foundation for the successful mediation. However, due to the difference in the amount of compensation amount, the mediation work was in a deadlock. The mediation staff cooperated with each other with the undertaking judge. The agreement was fulfilled in court. The mediation cycle of this case was only 15 days.

Lawyers participate in mediation and broaden the "sub -tie -down trial" channel

"Thanks to the special invitation of the lawyer's mediation for the Intellectual Property Tribunal, which makes our case reconciliation." The plaintiff agent excitedly submitted a "Application Form" to the host judge. The sales department of an electrical appliances is not right.

After reviewing the case of the case, the organizer believed that he was in line with the invited lawyer's mediation procedure, and entrusted the mediation team composed of a full -time lawyer to participate in the mediation work of the case, and the final case was reached. The Xi'an Intellectual Property Court actively established the "court + lawyer mediation" solution model, expanded the ability to solve the resolution, expanded the channels for "division of ties and trials", and the work of resolving and diversified work has achieved remarkable results. "Technical Difficulties Cover+back -to -back mediation" successfully resolved technical dispute problems

Intellectual property technology cases have always been difficult for case trials due to many technical issues. Lack of professional judgments on related technical issues often lead to high cost of case litigation and long trial cycle. Recently, the Xi'an Intellectual Property Court passed the "Contaement to Connect" and the Intellectual Property Arbitration Court of the Xi'an Arbitration Commission. It was the recognition of both the defendant and achieved a win -win situation.

The case involves professional and technical issues in special fields, and the focus of disputes is difficult to complicate. The undertaking judges and arbitrators carefully study the technical disputes involved in the case, and analyze the technical difficulties of disputes in detail. It is chaired by the judge and adopted the "technical difficulty point of research+back -to -back mediation" method. From the technical perspective of the arbitration, the arbitrator stripped the problems of the two parties in the process of fulfilling the contract. From the perspective of referee, in -depth analysis of the default and legal consequences of the two parties. After four hours of mediation, the two parties reached an consistent mediation opinion and expressed their appreciation to the court and the Arbitration Commission's complaints and arbitration commissions.

3. Jianqin Chuangyuan's diversified resolution platform

In order to help Qin Chuang's original innovation -driven platform and promote economic development, the Xi'an Intermediate People's Court launched the "three one" measures -one opinion, one agreement, a court. Introduced the "Opinions to Provide powerful judicial services and guarantees for the construction of Qin Chuang's original innovation -driven platform", and established a work mechanism and method measures for providing the rule of law and efficient legal services for Qin Chuangyuan construction; Co -signed the "Agreement on Service Guarantee Qin Chuang's Original Innovation Driving Platform Construction Cooperation Framework Agreement", build a diversified resolution platform for Qin Chuangyuan's contradictions and disputes, unblocked Qin Chuangyuan's channel to resolve the resolution of intellectual property disputes, and promoted Qin Chuang's original source of intellectual property disputes to resolve the resolution of the source of the source of intellectual property disputes. ; In the Xianxian New District, the first intellectual property tour trial court was established to create the "Xi'an business card" of Qin Chuangyuan intellectual property protection. Let the high -quality judicial services and guarantees run through the operation and development of Qin Chuang's original innovation -driven platform, helping Qin Chuangyuan's development accelerate from "potential" to "energy".

A few days ago, the Xianxian New District Rongshang Legal Services Innovation Center settled in the Xi'an Intermediate People's Court to provide professional mediation services for intellectual property cases. The efficient resolution before the lawsuit provides judicial security. Source: Xi'an Intermediate Court

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