Jingdezhen Intellectual Property Court helps to develop high -quality economic development

Author:Nanhe Public Security of Jingd Time:2022.09.03

Jingdezhen is a world -renowned city of ceramic art. Intellectual property protection once faced severe challenges. With the approval of the Supreme People's Court, in April 2021, the Jingdezhen Intellectual Property Court was officially established.

The court is a cross -regional jurisdiction of intellectual property courts focusing on the protection of ceramic intellectual property rights, and is responsible for the first instance civil rights and administrative cases of patents and computer software in Jingdezhen, Jiujiang, Yingtan, and Shangrao in our province.

Recently, the reporter went deep into Jingdezhen to visit how the Intellectual Property Court of Jingdezhen helped the economy.

Explore innovation to escort the construction of the national pilot zone

In recent years, cases of ceramic intellectual property infringement have occurred in Jingdezhen. The copyright dispute of "Zhushan Badou" is a case that has attracted widespread attention.

Wang Dafan (1888-1961) is one of the "Zhushan Eight Friends" and is a well -known Chinese ceramic art master in Jingdezhen. The defendant Huang Moumou had "The Big Department of Zhushan Boyou Porcelain Painting" and was published by a publishing house in Shanghai. The plaintiff Wang Moumou (grandson of Wang Dafan) believes that of the 36 works published by the book, 17 are counterfeit products, which seriously violates Wang Dafan's right to sign, and then filed a lawsuit with the Jingdezhen Intellectual Property Court Court. Essence During the trial process, under the premise of identifying the authenticity of ceramic art from the aspects of painting style, instrumental type, etc., the court innovatively entrusted authoritative appraisal agencies from the premise of painting style and device type. Whether the title handwriting is Wang Danfan's handwriting for identification. The identification results show that these 5 works are not Wang Danfan's handwriting. The court finally sentenced Huang Moumou to stop infringement and destroy the corresponding pictures, and apologized.

At present, our province is further promoting the construction of the National Ceramics Cultural Inheritance and Innovation Pilot Zone (hereinafter referred to as the National Pilot Zone) of Jingdezhen. According to Zhang Chunhong, deputy dean of Jingdezhen Municipal Intermediate People's Court and president of the Intellectual Property Court of Jingdezhen, the intellectual property rights are the core elements of the national pilot zone for future development of the future development of the city and enhance the competitiveness of urban competitiveness. For more than a year since its establishment, the Jingdezhen Intellectual Property Court has taken the initiative to integrate into the construction of the national pilot zone, give full play to the function of intellectual property trial, and specifically introduce the "Several Opinions on Strengthening the Judicial Protection of Ceramic Intellectual Property", and actively explore the protection, inheritance, and use of ceramic culture protection, inheritance, and utilization. The institutional mechanism has continuously strengthened the judicial protection of ceramic copyright and advanced ceramic patent rights, and made every effort to brighten the golden signboard of "Jingdezhen". According to Zhang Chunhong, as of now, the Jingdezhen Intellectual Property Court has timely concluded 48 cases closely related to the inheritance of ceramic culture inheritance. The judicial cases of fair judgment have promoted the inheritance of ceramic culture, stimulated innovation and creative vitality, and promoted the construction of the national pilot zone to continue to reach a new level.

It is difficult to overcome the company's independent innovation passion full

At present, our province is vigorously implementing the "No. 1 Development Project" of the digital economy, and the development of the digital economy is strong. In February this year, China (Jingdezhen) Cross -border E -commerce Comprehensive Pilot Zone was officially approved by the State Council, and tens of thousands of ceramic merchants shifted from offline to online sales products.

Jingdezhen Beihamei Ceramics Co., Ltd. is an e -commerce company engaged in the production and sales of fashion ceramic home ornaments. The company's independently designed ceramic products are loved by young consumers. However, with the rise of the Beihamei brand in the field of ceramic e -commerce, various infringement phenomena are increasing. In May of this year, Beihamei sued a company's brand of e -commerce companies to the Intellectual Property Court of Jingdezhen. Faced with problems such as difficulty obtaining evidence and identification, the court quickly tried and judged that the defendant stopped infringement by giving full play to the role of a multi -technical factual investigation and identification system, compensating the plaintiff's economic loss of 62,000 yuan. Wang Yiming, the executive director of Beihamei Company, said: "The court not only quickly tried the case, but also took the initiative to take the initiative to visit the investigation and investigations to popularize the knowledge of intellectual property rights protection. Let us be confident and passionate on the road of independent innovation. "

In recent years, e -commerce and live broadcasts and goods have been in the ascendant, but the lack of laws, inadequate supervision, and misconducting behavior in these fields have derived new types of disputes and disputes. Many people in the industry said that such cases have been new, technical, and difficult to obtain evidence, and the number of cases has risen rapidly, bringing new challenges to intellectual property judicial trials.

In the face of the new situation and new challenges, how should the judicial work be greater? Hu Zhiyong, deputy president of the Intellectual Property Court of Jingdezhen Intellectual Property Tribunal, introduced the court's innovation and promulgation of the "Regulations on the Management of the Work Management of Technical Investigators" and the "Measures for the Work Measures of Intellectual Property and Technology Consulting Experts". The role has improved the diversified technical factual factual investigation and identification system composed of technical appraisal, technical investigation, expert jury, etc., and enhanced the objectivity, scientificity, and accuracy of the facts of technical cases. Hu Zhiyong said: "Since the establishment of the court, 94 cases related to the digital economy have been concluded. These cases properly handle the relationship between information network technology development and intellectual property protection, and effectively regulate the business behavior of e -commerce platform online store operators. Helping the development of digital cultural and creative economy has contributed power. "

Adhering to the original intention to gather vigorous forces for economic and social development

Jingdezhen Intellectual Property Court had a deep impression on the fair and efficient handling of the case for the case. In April of this year, Huang Xiaoqing believed that products sold by 4 companies such as Yushan Furniture Company were similar to their patented products. They suspected of infringing their legitimate rights and interests and sued to the court. After the case of the Intellectual Property Trip in Jingdezhen, the lawyer of the Jiangxi Lawyer Association (Jingdezhen) Intellectual Property Lawyer Mediation Center co -organized the original defendant to conduct mediation to promote the reconciliation of both parties and timely safeguarding Huang Xiaoqing's legitimate rights and interests. As a cross -regional intellectual property court, how can we crack the problem of the tag and let the original defendant run less? Wu Haiping, judge of the Intermediate People's Court of Jingdezhen City, told reporters that the Jingdezhen Intellectual Property Court actively created a smart court. Intellectual property trial. Wu Haiping introduced that in order to facilitate the lawsuit protection of other parties, the court also plans to set up an intellectual property tour trial point within the jurisdiction, and implement the near -court trial and concentrated trial.

It is understood that since 2021, the court has accepted a total of 446 cases of intellectual property rights, with a conclusion of 401 cases, a conclusion rate of 89.9%, and 77.56%of the withdrawal rate. In 2021, the closing rate, service and judgment rate of the intellectual property trial team ranked first in civil trials in the province. Adhering to the beginning of the minds of the People's Republic of China, the Intellectual Property Court of Jingdezhen has established respect for intellectual property trends with a fair, fair, and efficient judicial mediation and trial, stimulating the vitality of innovation and creativity, and gathered vigorously for the high -quality economic development.

(Source: Jingdezhen Political and Law)

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