Source: Xinhua News Agency
In recent days, the judges from the Supreme People’s Court answered the questions about social concerns on intellectual property rights protection, notably on how to develop the internet judiciary and resolve the difficulties in law enforcement, and revealed the latest related measures.
How to protect intellectual property rights?
Mr. He Rong, Deputy Secretary of the Leading Party Members' Group and Executive Vice-President of the Supreme People’s Court, said that there are some difficulties in protecting intellectual property rights, namely hard to provide evidences, long period for sustaining rights, high cost, and low compensation. As for the special characteristics of intellectual property rights, the existing systems and practices shall be improved in time.
The Supreme People’s Court will further uphold the idea of strictly protecting intellectual property rights by making judicial remedies more simple, good in time, sufficient and powerful, to trigger and protect the creative vitality.
The following four aspects will be further improved: firstly, the judicial protection shall be fully strengthened, to provide solid safeguard for self-reliance in technology development; secondly, the copyright and related right are subjective to be protected, in favor of developing the socialism culture with Chinese characteristics; thirdly, the trademark right protection shall be strengthened, to build up China as a Brand Power; fourthly, the justice of anti-monopoly and anti-unfair competition shall be improved to maintain a market environment with fair competition.
How to develop internet judiciary?
The Beijing Internet Court heard the first case about “click farming”, with a firm position against the similar behavior. This fight against internet black and gray industry well safeguarded the public interests. The Guangzhou Internet Court heard a case of infringing copyright of an online game, affirming that the overall picture of the game at the time of “farming/bot” constituted a work, and shall be protected by the Copyright Law, which has directive significance of improving the rules of protecting new object of intellectual property rights.
Mr. Li Shaoping, Member of the Standing Committee of the CPPCC National Committee and Vice-president of the Supreme People’s Court, has released that, in recent days, the Supreme People’s Court will issue the Provisions of Several Issues Concerning Online Handling of Cases by People's Courts to construct a set of rules and systems of handling online complains adapting to information age, which is also a guidance for all the courts at all levels. The advanced technologies, covering 5G, big data, cloud computing, blockchain, internet of things, etc., will be on test-run at the internet courts. We will explore to establish “smart courts” by building up judiciary big data middle platforms, integrating artificial intelligence with judicial adjudication. The data-driven design in company with ubiquitous service will be conductive to provide intelligent and precise service for the public litigation and the law enforcement. The courts will also study to set down rules for technology applications by unifying technical standards, optimizing the functions of platforms, promoting data collaborations, and ensuring data security, in accordance with judicial process and practical needs.
How to resolve the difficulties in law enforcement？
Mr. Liu Guixiang, full-time member of the Adjudication Committee of the Supreme People's Court, said that the Fourth Plenary Session of the 18th CPC Central Committee clearly put forward the formulation of Compulsory Enforcement Act. In September of 2018, the Standing Committee of 13rd National People's Congress (NPC) has released the legislation plan, drafted by the Supreme People’s Court, which incorporated civil enforcement into Category II.
The Supreme People’s Court has set up a special team for this work. At present, the drafting has drawn to an end and will be reported to National People’s Congress as a legislative bill. Various creations have appeared in the bill, closely related to the citizens’ economic life. For example, the debtor's objection suit system has been introduced. It is expected that the procedural protection can be enforced by judicial proceedings.
