In the second half of 2023, General Secretary of the Supreme Leader repeatedly stressed during his local inspection that it was necessary to "accelerate the formation of new quality productive forces". When presiding over the 11th collective study in the Political Bureau of the Communist Party of China (CPC) Central Committee, General Secretary of the Supreme Leader pointed out: "The new quality productivity is an advanced productivity with high technology, high efficiency and high quality, which plays a leading role in innovation, gets rid of the traditional economic growth mode and productivity development path, and conforms to the new development concept. It was born out of revolutionary breakthrough in technology, innovative allocation of production factors, and deep transformation and upgrading of industries. The basic connotation is the leap of laborers, labor materials, labor objects and their optimized combinations, and the core symbol is the substantial improvement of total factor productivity. Its characteristics are innovation, the key is high quality, and the essence is advanced productivity. " During the two sessions of the National People’s Congress this year, the General Secretary of the Supreme Leader pointed out: "We must firmly grasp the primary task of high-quality development and develop new quality productivity according to local conditions." A few days ago, when presiding over a symposium to promote the rise of the central region in the new era, General Secretary of the Supreme Leader stressed: "We should lead industrial innovation with scientific and technological innovation and actively cultivate and develop new quality productive forces." General Secretary Supreme Leader’s important exposition on new quality productivity is an innovation and development of Marxist productivity theory, which further enriches Supreme Leader’s economic thought, has important theoretical and practical significance, and points out the way forward and provides fundamental follow-up for accelerating the development of new quality productivity and promoting high-quality development. The people’s court should thoroughly study and understand the important exposition of the Supreme Leader General Secretary on the new quality productive forces,Starting from the height of national strategy and the requirements of entering a new stage of development, we will comprehensively strengthen the judicial protection of intellectual property rights, better serve high-quality development and promote Chinese modernization.
Strengthening the protection of intellectual property rights is an inherent requirement and an important guarantee for developing new productive forces.
Promoting the construction of a strong country and the great cause of national rejuvenation in an all-round way with Chinese modernization is the central task of the party and the country in the new era and new journey. High-quality development is the primary task of building a socialist modern country in an all-round way, which urgently needs the strong promotion and strong support of new quality productivity. Protecting intellectual property rights means protecting innovation, and protecting innovation means serving to accelerate the development of new quality productive forces. Intellectual property rights and innovation are directly related and closely related. As a strategic resource for national development, intellectual property rights are related to the development of science and technology; As the core element of international competitiveness, it is related to national security. Intellectual property rights can empower and integrate other factors of production, have multiplier and multiplication effects, and play an important role in developing new quality productivity. Therefore, we must give play to the leading, standardizing and guaranteeing role of the rule of law, strengthen the protection of intellectual property rights of key core technologies, key fields and emerging industries, and support and serve the development of new quality productive forces with the power of the rule of law.
Serve technological innovation and promote the formation of high-tech productivity. Scientific and technological innovation can give birth to new industries, new models and new kinetic energy, which is the core element of developing new quality productivity. The strength and level of judicial protection of intellectual property rights is directly related to the effect of protecting innovation achievements and stimulating innovation vitality, and directly affects the implementation and promotion of innovation-driven development strategy. The judiciary should strengthen the protection of innovation achievements and promote technological innovation and industrial upgrading.
Service industry innovation and promote the formation of high-efficiency productivity. The emergence of new quality productivity often leads to the adjustment of industrial structure. Only by transforming scientific and technological achievements into real productive forces can we effectively promote industrial transformation and upgrading and give birth to new industries, new formats and new models. The closer the innovation is to the forefront, the higher the risk and uncertainty. The judiciary should actively and timely respond to the new problems arising from the marketization of new productive forces and provide a clear judicial boundary for the application of new technologies. It is necessary to use powerful judicial means to help enterprises play the role of technological innovation subject, promote the circulation and transformation of scientific and technological achievements, strengthen the close integration of Industry-University-Research’s use and the cooperation of various innovative subjects, and promote the development of economy and society in standardization and innovation.
Service system innovation, promote the formation of high-quality productivity. It is necessary to strengthen anti-monopoly and anti-unfair competition justice to accelerate the construction of an efficient, standardized, fair competition and fully open national unified market, promote the deep integration of innovation elements and effectively allocate innovation resources. Intellectual property is not only a "just need" for domestic development, but also a "standard" for international trade and investment, and plays a leading role in steadily expanding institutional opening. Strengthening the protection of intellectual property rights is of great significance for creating a market-oriented, rule-of-law and international first-class business environment and promoting high-level opening up.
Promoting the high-quality development of judicial protection of intellectual property rights under the guidance of modernization of trial concept
Since the 18th National Congress of the Communist Party of China, under the strong leadership of the CPC Central Committee with the Supreme Leader as the core, the trial of intellectual property rights has played an important role in encouraging innovation, maintaining fair competition and promoting cultural prosperity, and the judicial protection of intellectual property rights has made historic achievements. In the new era and new journey, to promote the high-quality development of judicial protection of intellectual property rights, we must adhere to the judicial concept of strict protection and better serve innovation to drive development.
Adhere to the concept of strict protection of the judiciary and severely punish infringement and counterfeiting according to law. At present, infringement and counterfeiting still occur frequently in some fields, and strict protection is the main tone of judicial protection of intellectual property rights at this stage. It is necessary to comprehensively apply criminal, civil and administrative litigation procedures, fully implement the punitive damages system for intellectual property infringement in accordance with the law, and strengthen the coordination between administrative law enforcement and justice. The criminal responsibility should be strictly investigated according to law. Strengthen the construction of social credit system, ensure that there is no dead end in punishing violations, and let infringers pay a heavy price. It is necessary to establish a clear orientation with strict justice and create a stable, transparent, standardized and predictable legal environment for innovative entrepreneurs.
Adhere to the concept of strict protection of the judiciary and provide timely judicial relief for the obligee. Practice the consciousness of "as if I am suing", grasp the trial characteristics of intellectual property cases, improve quality and efficiency on the premise of ensuring fairness, better and faster identify disputes, resolve conflicts, honor rights and interests, and settle disputes. We will improve the rules of evidence of intellectual property rights, actively apply the rules of proof obstruction exclusion, evidence preservation and judicial expertise according to law, guide the parties to provide evidence actively, comprehensively and honestly, and reduce the burden of proof of the obligee according to law. Give full play to the system efficiency of behavior preservation, property preservation and evidence preservation, and prevent the obligee from winning the lawsuit and losing the market.
Adhere to the concept of strict protection of justice, ensure overall consideration of public interests and encourage innovation. While emphasizing strict protection, we should guard against abuse of rights. Accurately grasp the relationship between protecting individual rights and safeguarding public interests, promoting innovation and maintaining fair competition, and accurately divide the legal boundaries between protecting intellectual property rights and preventing abuse of rights, exercising intellectual property rights and abusing market dominance. Those who infringe on the goodwill of others and disrupt the market order by false litigation and malicious litigation will be resolutely corrected and held accountable.
Empowering the development of new productive forces with high-quality and efficient judicial protection of intellectual property rights
Standing at a new historical starting point, the people’s courts should be mindful of "the country is the biggest", deepen the reform and innovation in the field of intellectual property trial, effectively identify the entry point and combination point to promote the accelerated development of new quality productive forces, and serve the implementation of major national strategies with high-quality and efficient judicial protection of intellectual property rights to ensure the effective implementation of major decision-making arrangements of the CPC Central Committee.
Strengthen the protection of high-tech achievements and promote technological revolutionary breakthroughs. Strengthen the protection of innovations in big data, artificial intelligence, high-end chips, quantum technology, 5G and other technical fields, give full play to the advantages of centralized trial of technical cases such as invention patents, and actively use remedies such as litigation preservation and punitive damages to significantly increase the cost of infringement and illegality, so that "true innovation" is "really protected" and "high quality" is "strictly protected". Strengthen the protection of agricultural scientific and technological achievements such as biological breeding, severely punish violations of new plant variety rights, seed deck and other violations of agricultural scientific and technological achievements, and promote the improvement of the protection and utilization system of germplasm resources. Strengthen the protection of life science achievements such as genes, bio-manufacturing, innovative drugs, reasonably grasp the criteria for authorization and confirmation of drug patents, improve the drug patent link system, and strengthen the judicial protection of intellectual property rights of traditional Chinese medicine.
Strengthen the protection of new formats and new models, and promote the deep transformation and upgrading of the industry. Properly handle cases involving data and platform enterprises in accordance with the law, rationally divide the boundaries of data rights and interests and use behavior, safeguard users’ data rights and privacy rights, improve data intellectual property protection rules, promote the deep integration of digital technology and real economy, and promote the innovative development of digital economy. Standardize the registration and use of trademarks in accordance with the law, severely crack down on trademark climbing, counterfeit hitchhiking and malicious cybersquatting, continuously strengthen the judicial protection of well-known trademarks, traditional brands and time-honored Chinese brands, and create more internationally influential "Made in China" brands. Try all kinds of technical contract disputes in accordance with the law, strengthen the protection of the legitimate rights and interests of the observant party, reasonably identify the distribution of interests and responsibilities formed in the development, transfer, licensing, pledge and consultation of technological achievements, guide and support enterprises to strengthen their technological research and development capabilities, and promote the transformation of technological achievements into real productivity and market competitiveness.
Strengthen the maintenance of competition order and promote the innovative allocation of production factors. Intensify anti-monopoly trials, severely punish monopolistic behaviors such as monopoly agreements and abuse of market dominance, safeguard the competitive interests of small and medium-sized enterprises in accordance with the law, and enhance the market competition power. We will improve the anti-monopoly judgment rules of the platform economy, severely punish the platform’s forced "two choices", big data killing, low-price dumping, forced tying and other behaviors that undermine fair competition and disrupt market order, and guide the platform economy to develop in the direction of openness, innovation and empowerment. Effectively regulate all kinds of monopoly and unfair competition, eliminate market blockade, ensure fair competition, and promote the smooth flow of production factors in a wider range.
Strengthen equal protection and international cooperation, and promote high-level opening up. Properly handle foreign-related intellectual property disputes in accordance with the law, make more leading judicial decisions in the world, and build an international intellectual property litigation preferred place. With vivid cases and examples of judicial protection of intellectual property rights, we can tell the story of intellectual property rights in China well, fully demonstrate the scientific, fair and efficient institutional advantages of intellectual property trial in China, highlight the image of a responsible big country in strengthening intellectual property protection, and form a stronger attraction to global factor resources. We will improve the long-term mechanism for international exchanges and cooperation in intellectual property rights and strengthen judicial exchanges and pragmatic cooperation in intellectual property rights. Actively participate in the global intellectual property governance under the framework of the World Intellectual Property Organization, promote the construction of open, inclusive, equal and fair international rules on intellectual property rights, promote the development of the global intellectual property governance system in a more just and reasonable direction, and create a good international environment for the development of new quality productivity.
Strengthen the protection of the interests of scientific researchers and stimulate innovation and creativity. Properly handle disputes arising from the ownership determination, right transfer, value determination and benefit distribution of scientific and technological achievements in accordance with the law, accurately define the legal boundary between service inventions and non-service inventions, and protect the legitimate rights and interests of service inventors to receive rewards and remuneration. Handle the relationship between the protection of trade secrets and the rational flow of talents, while protecting trade secrets according to law, safeguard the legitimate rights and interests of high-tech talents in employment and entrepreneurship. Support scientific researchers’ autonomy in the use of funds and the decision-making power of technical routes according to law, and stimulate the endogenous motivation of scientific research. Recognize and protect the interests of new types of innovation in accordance with the law, encourage innovation and exploration, let enterprises dare to venture and try, and enhance the entrepreneurial innovation vitality and investment willingness of business entities in unknown areas and risk areas.
In the new era and new journey, the people’s courts should adhere to the guidance of the Supreme Leader’s Socialism with Chinese characteristics Thought in the new era, thoroughly study and implement the Supreme Leader’s rule of law thought, "increase incentives" by system construction and "strengthen protection" by law, unify the standards of legal application, ensure judicial fairness, efficiency and authority, provide clear, stable and predictable legal boundaries and rules of conduct for innovative subjects, promote the vitality of all production factors to compete with generate and all sources of innovation to fully flow in, and strive to open up a new situation in the judicial protection of intellectual property rights in the new era.
(The author is Vice President the Supreme People’s Court)
People’s Daily (March 27, 2024, 09 edition)