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Our city is promoting the standardization construction of administrative rulings on patent infringement disputes
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Recently, we learned from the Municipal Market Supervision Bureau that the China National Intellectual Property Administration and the Ministry of Justice announced the pilot list of standardized construction of national administrative adjudication of patent infringement disputes in cities and counties, and our city was successfully selected. This is the third national level pilot project selected by our city after being selected as a pilot county for the construction of a strong national intellectual property county and a national pilot for the implementation of international standards for innovative management of intellectual property.

Administrative adjudication of patent infringement disputes is an important way to resolve patent infringement disputes, with the characteristics of high efficiency, low cost, strong professionalism, and simple procedures. It plays an important role in ensuring fast, accurate, and practical patent protection. In recent years, our city has been striving to create a new pattern of "big protection, fast protection, joint protection, and strict protection" for intellectual property rights. From January 2021 to December 2023, a total of 51 administrative rulings on patent infringement disputes were investigated and handled in the city, with compensation amounts of over 16 million yuan.

Establish a sound institutional system. Establish a joint meeting system for intellectual property rights, improve the system of departmental liaison officers, diversify the pre litigation mediation dispute system for patent and trademark infringement, and establish a business opportunity system for difficult cases; Establish a studio for the New Economic Judicial Protection Committee, and organize or participate in activities such as thematic consultations, case studies, and listening and reviewing; Establish a municipal intellectual property protection service center to guide market entities involved in patent, trademark, and trade secret infringement; Establish the only independent intellectual property law enforcement team in the province to guide the investigation and punishment of intellectual property violations such as patents, trademark infringement, and infringement of trade secrets.

Promote departmental collaboration. Deepen market supervision, public security, customs, courts, procuratorates and other intellectual property resource information sharing, difficult handling, and case cooperation. Establish an intellectual property mediation platform and judicial system mediators to enhance the effectiveness of judicial enforcement after mediation through one-stop acceptance of mediation applications, signing of agreements, and judicial confirmation; Establish a "direct route for administrative and judicial protection" to promote parties to resolve infringement disputes through "administrative mediation (or arbitration), rapid negotiation, and judicial confirmation". In 2020, the patent infringement dispute case of Ningbo Xincheng Plastic Industry Co., Ltd. was successfully resolved through a "direct train" within just 15 days, which shortened the legal deadline of 4 months by 87.5%, becoming the first successful case of "administrative mediation+judicial confirmation" in Ningbo.

Strengthen regulatory enforcement. Establish a patent case trial and mediation team, leverage the advantages of comprehensive administrative law enforcement, strengthen the daily law enforcement, special law enforcement, joint law enforcement, and credit governance of intellectual property, and efficiently handle patent infringement disputes. In 2021, administrative adjudication procedures were used to mediate four major patent dispute cases, with a compensation amount of 16 million yuan, including one case with a compensation amount of 8 million yuan. This is the largest patent infringement dispute case resolved by county-level bureaus nationwide through administrative means.




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