Strengthened the adjudication team to improve upon the adjudication regime
The people’s courts have always given priority to establishing an intellectual property division within the courts and to building a strong team. Courts that are of intermediate-level and above have intellectual property divisions, and the 141 basic-level courts with civil jurisdiction for general intellectual property matters have also established intellectual property divisions. Intellectual property judges for all levels of courts are selected from candidates who are well-versed in the law, highly-educated, with extensive adjudication experience. This was the way to strengthen the adjudication team and to optimise the adjudication structure. As at end 2012, there were 420 intellectual property divisions across the country, 2,759 intellectual property judges, and of whom, 97.5% with at least a bachelor degree and 41.1% with at least a master degree.
Also important is the leveraging of the fundamental roles of the basic-level and intermediate courts in intellectual property adjudication. In April, SPC issued the Decision on Establishing a Research Base for the Judicial Protection of the Intellectual Property of Pharmaceutical Industry and on Increasing the Number of Demonstration Courts for Intellectual Property Adjudication and Field Study Bases and Theoretical Research Bases for the Judicial Protection of Intellectual Property. Newly added basic-level demonstration courts for intellectual property adjudication were the Beijing Haidian District People’s Court, Shanghai Huangpu District People’s Court, Guangdong Province’s Guangzhou Tianhe District People’s Court, Jiangsu Province’s Nanjing Gulou District People’s Court, and Zhejiang Province’s Hangzhou Xihu District People’s Court, bring the total number to ten. Jiangsu Province’s Nanjing Intermediate People’s Court and Hubei Province’s Wuhan Intermediate People’s Court were the new research bases for intellectual property judicial protection; also, special research bases for intellectual property judicial protection for pharmaceutical industry were established at Jiangsu Province’s Taizhou Intermediate People’s Court and Lianyungang Intermediate People’s Court, bringing the total number of research bases to nine.
Improved political and judicial attitudes and ways, and strengthened the building of an incorrupt practice to advance judicial impartiality The people’s courts have always focused on developing the political attitudes and ways of intellectual property judges. In 2012, the people’s
courts have pursued party-building to lead team-building and finally to achieve adjudication quality. To do that, many thematic activities were organised, such as learning and practising the scientific development concept, education sessions on the socialist rule of law concept, and entitled “People’s Judge for the People” nurture and consolidate the socialist rule of law concept in intellectual property judges, and help the judges reinforce their ideals and beliefs.
The people’s courts have always given priority to strengthening the judicial attitudes and ways of intellectual property judges. The value pursuit is “justice for the people”. To achieve that, the courts have organised major discussions with the public and major checks on judicial attitudes and ways, so as to regulate judicial behaviour and improve on the judicial practice. In December, to implement the eight required qualities to improve the work practice and to regulate judicial actions as set forth by the Central Committee of the Communist Party of China, SPC published a notice pertaining to the Six Measures to Improve the Judicial Practice to guide the courts to observe the following, based on their practical realities: pursue justice for the people, and maintain close contact with the public; advance judicial openness, and accept the public’s supervision; strengthen communication of the people’s opinions, and expand judicial democracy; streamline meetings and activities, and really improve upon the ways that meetings are conducted; simplify documented reports, and really improve upon the ways that documents are prepared; improve research studies, and improve the effectiveness of research studies. These were the six areas that were worked on to achieve better attitudes and ways on the part of the judiciary. The people’s courts have always given priority to building a clean and uncorrupted judicial practice among intellectual property judges. In 2012, the people’s courts have launched moral education programmes promoting incorrupt judicial practice, addressing problems with temporary and permanent solutions, but focusing on the root of problems. Moral education aims to help elevate the moral integrity of intellectual property judges and be conscious of resisting moral depravity. The courts of various levels have stepped up the creation of a corruption risk prevention and control mechanism to realise the “five strict prohibitions and the various anti-graft systems. Anti-corruption ombudsman, recusal of judges, anti-interference of case operations by internal officers, anti-conflict of interest etc. are anti-graft measures, which are internal supervisory efforts aimed at improving judicial powers at work.
Enhanced capacity building of intellectual property judges to elevate judicial credibility
The people’s courts have always place great emphasis on strengthening capacity-building among intellectual property judges. In 2012, the people’s courts have adopted a multi-prong approach, and have developed learning-based adjudication divisions, held trainings, organised seminars, initiated the hearing-cum-written judgement “double evaluation system”, to put together a team of high quality and professional intellectual property judges. This was a practical way to improve ability and quality of intellectual property judges in applying the law and in resolving practical problems.
In February, SPC held the first National Workshop for Presiding Judges of Intellectual Property Divisions. All presiding judges from the high people’s courts, intermediate people’s courts and basic-level courts having jurisdiction for intellectual property cases were at the workshop. More than 230 participants were at the meeting. Local experts from the State Council Legislative Affairs Office, the State Intellectual Property Office, and Renmin University of China, and foreign experts from the United States Federal Circuit were invited to give keynote addresses, during which the basic intellectual property regime as well as the most discussed and difficult issues were discussed extensively. In September, SPC held a training course on intellectual property adjudication practice at the National Judges College, where more than 2oo intellectual property judges from across the country were trained. Famous academics and experience SPC judges were invited to impart knowledge on the adjudication practice of patent, trademark, copyright and unfair competition disputes. SPC has organised more than ten seminars, including “Seminar on the Foremost Intellectual Problems”, “Seminar on the Protection of Copyright on the Internet and Well-Known Marks”, “Forum on Intellectual Property Right of Pharmaceuticals”, “Seminar on the Protection of Intellectual Property Right in the Information Era” and “Seminar on Strengthening Protection of Well-Known Marks and Contain Illegal Trademark Squatting”. Other courts in different regions have also organised similar activities:
The Beijing High People’s Court held the “Fourth Seminar on Prime Intellectual Property Cases for Beijing Courts”; the Inner Mongolia Autonomous Region High People’s Court enrolled all the region’s judges in the distant learning programme organised by the China Intellectual Property Training Centre; the Shandong courts were gearing towards the building of a learning-based party branch, where weekly discussions on
hot and difficult issues encountered during adjudication of intellectual property cases were held; the Zhejiang High People’s Court has developed a training system for key adjudication personnel of intellectual property-related civil cases; the Sichuan Province courts have stepped up their training of new intellectual property judges by adopting a “one-to-one” mentoring system; the Hunan Province High People’s Court has held trainings on intellectual property adjudication, and have since trained more than 160 key adjudicators of intellectual property cases.
Conclusion
2012 was a gainful year for the judiciary in terms of intellectual property adjudication. For 2013, the people’s courts will assess any changing circumstances and determine the new tasks ahead, and will work towards advancing their cause.
2013 is the first year to implementing the principles as set forth at the National Congress of the Communist Party. It is also a critical year to build on the previous year’s achievements and to continue the good work in the year ahead. It is a year which offers unprecedented opportunities. The people’s courts will practise the principles of the 18th party congress and adhere to the key notions underlying the Deng Xiaoping Theory, the “Three Represents” and the Scientific Development Concept. Their goals are to build a safe country governed by the rule of law, and to “work towards ensuring that the people will experience equity and justice in every judicial case”. They work to enforce the law and adjudicate intellectual property-related disputes, initiate judicial reforms, supervise and guide, build capacity, and strengthen the fundamentals at the basic-level courts. Their ultimate aim is to serve the people, deliver justice, improve judicial credibility, and to power the building of a complete xiaokang society by providing the most effective judicial service.