The first Zhejiang Court!The application of intellectual property collaborative protection in Huzhou City will open 16 departments and teamed up to stare at the infringer

On September 6, the cooperative protection application of intellectual property rights in Huzhou was officially launched. This is a digital practice after Huzhou Intermediate People's Court and 15 departments issued the "One Things" collaboration mechanism for the "one thing" in Huzhou City.

In the past, the court made a judgment on some infringement such as trademark rights and copyrights, and asked the defendant to stop the defendant's actual performance after stopping infringement. After the intellectual property coordinated protection application of Huzhou City was launched, 16 departments such as Huzhou City Court, Procuratorate, Public Security, Municipal Supervision Bureau, and Wenguang Traveling Bureau were integrated horizontally. At this stage, the "dual -track" integration of the judicial protection of intellectual property rights and administrative protection.

Now, through this application, the court can push similar infringement clues online to administrative agencies such as the Market Supervision Bureau and other administrative agencies. The content of this clue will be the key object of law enforcement inspection of relevant functional departments. If the defendant continues to infringement, the administrative organs can impose administrative penalties and transfer it to the court's executive department to truly allow the intellectual property judicial protection and administrative protection to be deeply integrated and form a joint force.

Since the application of the application for one month, the city of Huzhou has initiated 39 collaborative supervision. The relevant administrative organs have conducted key supervision and inspection on the infringer in only three weeks, and feedback the court results to the court.

It is understood that the application is the first intellectual property collaborative protection application in the province's courts, and it is also an important part of the integrated application of the "Law protection industry" integration application of the High People's Court of Zhejiang Province.

Huzhou intellectual property collaborative protection application

Since the beginning of this year, in accordance with the digital reform of the Provincial Party Committee and the deployment requirements of the "Global Digital Court" of the Provincial High Court, it adheres In conjunction with the Market Supervision Bureau, we jointly develop the cooperative protection of intellectual property rights, and the chain, closed -loop, and digital development collaborative protection work.

The application is based on the principle of "party committee leadership, departmental collaboration, smooth connection, fast and efficient", focusing on the same city sharing, in accordance with the ideas of the entire process of litigation of intellectual property litigation in accordance with the horizontal circulation of intellectual property law enforcement judicial data, and the "six one" more Cross -application, focus on the protection of intellectual property protection "administrative+judicial" dual -track integration and system governance efficiency.

The "one -click confirmation" can be settled by the pre -complaint dispute resolution channels. Docking the Zhejiang Details Code, online transfer of intellectual property civil and administrative disputes, online applications and online application of administrative mediation agreement judicial confirmation, online feedback, online collection of judicial confirmation results, and promoting the transformation and upgrading of the judicial confirmation mechanism of intellectual property disputes.

"One Network Inquiry" solves the facts in the complaint. Integrate the business and data of each unit. According to work needs, the people's court requested other collaborative units to investigate relevant data information, corporate annual reports, and business status to other collaborative units. It effectively reduces the burden on the proof of the right holder and contains intellectual property infringement from the root cause. Since the trial operation, various collaborative departments in the city have checked data online 51 times, shortening the process of 5 working days to at least half an hour.

"One case association" enhances the "three trials and one" protection kinetic energy. Combining the "three trials and one" requirements of intellectual property trials, strengthen the integrated transfer of criminal criminal clues in intellectual property civil rights and administrative lawsuits, and exert judicial leadership and guidance, effectively safeguard the legal rights and interests, save judicial resources With administrative resources, achieve the effect of "1+1> 2".

"Integrated regulatory" reshaping the effective referee execution mechanism. In response to the "unsuccessful" and continuing infringement and repeated infringement issues caused by the suspension of infringement of intellectual property rights, the supervision and inspection work of the effective referee to perform the obligation to stop infringement is left to the administrative law enforcement agency. Essence After the people's court initiated a collaboration, the administrative law enforcement organ listed the infringer as a list of key law enforcement supervision and inspection, and conducted law enforcement inspections within one month, and the results of the feedback within three days after the inspection. If the infringer continues to implement infringement, the administrative law enforcement organs will take measures according to law and cooperate with the executive department of the people's court to implement according to law. Since the trial operation, the city's courts have initiated 39 collaborative supervision. In just three weeks, all relevant infringement obligations have carried out key supervision and inspection, and the court will feedback the court.

"Integrated early warning" build a three -dimensional monitoring and early warning system. Exploring the intelligent analysis and deep application of big data of the judicial law enforcement of intellectual property, and exert the early warning and predictive function of big data. For those who may generate batch rights or malicious infringements, a two -way early warning signal is released. Carry out law enforcement inspections. On the basis of monitoring and early warning, the requirements of the provincial high court and the Provincial Market Supervision and Administration Bureau's "Minutes on Establishing a Joint Disciplinary Mechanism in the Intellectual Property Rights" are required to implement joint disciplinary, classified supervision and credit repair mechanisms in the main body of dishonesty.

"One Kuki Zhi Governance" enhances the effect of intensive the law. Sort out and summarize the intellectual property protection rules and regulations and relevant talent list of the collaborative units, form an intellectual property protection rules and regulations and talent pools, discuss difficult problems encountered in daily work, strengthen the discovery summary, coordination and judgment of laws and not being unified in law, Feedback and other work.

Next, the Huzhou Intermediate Court will increase its implementation and truly implement the functions of the collaborative applications; do a good job of upgrading iteration, enrich the content of collaborative protection, broaden the collaborative protection scenarios, promote the "Global Digital Court" intelligent management case "law protection" law protectionIntegrated application construction of Zhishi; improve the level of intelligence, in -depth docking integrated digital resource systems (IRS) and Zhejiang Intellectual Property Online, etc., and strive to contribute judicial wisdom to the construction of high -level national intellectual property construction pilot cities for building high -level national intellectual property.Source: Zhejiang Daily, Huzhou Intermediate People's Court.The copyright belongs to the original author.

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