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Juridical Protection of Intellectual Property in Hainan Courts (2021)

Preface  

The year of 2021 is the 100th anniversary of the founding of the Communist Party of China, which is the year when the high-quality development led by the construction of a free-trade port in Hainan has taken effect, and also the year when the intellectual property trials of Hainan Courts have rode on the momentum to enter a new stage of development. In 2021, Hainan Courts adhere to the guidance of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, fully implements the spirit of the 19th National Congress of the Communist Party of China and the Second, Third, Fourth and Fifth Plenary Sessions of the 19th CPC Central Committee, earnestly studies and implemented General Secretary Xi Jinping’s series of important discussions on intellectual property protection, technological innovation and fair competition, deeply understands the conclusive significance of the “two establishments”, constantly enhances the “four consciousnesses”, firms the “four self-confidence” and achieves the “two maintenance”, and accurately grasps the rich connotation and significance of great thesis such as “five only roads” and “five strategic favorable conditions”. Under the guidance of the Supreme People’s Court and the supervision of the National People’s Congress and all sectors of society, Hainan Courts have fully implemented the decisions and deployments of party committees and governments at all levels, closely revolved around the juridical demands of the construction of a free trade port, focused on system integration and innovation, strengthened juridical protection of intellectual property rights, continuously improved the ability to serve the overall situation of reform and development, promoted the modernization of the intellectual property trial system and trial capacity, strived to create a world-class innovative legal environment, and provided strong juridical services and guarantees for the construction of Hainan Free Trade Port.  

Table of Contents  
I. With the guidance of political construction, forge a loyal, clean and responsible court team 

(I) Strengthen the construction of Party organization and faithfully perform the entity responsibility of comprehensively and strictly governing the Party    

(II) Strengthen the quality and ability construction of the team, and focus on improving the trial capacity of intellectual property cases  

(III) Strengthen the construction of juridical integrity, and comprehensively build the prevention and control system for integrity risk  

II. Give full play to the juridical function, and comprehensively strengthen the juridical protection of intellectual property  

(I) The general situation of intellectual property cases in Hainan Courts  

(II) Characteristics of intellectual property case trials in 2021  

III. With the goal of serving the overall situation of construction of a free trade port, strive to promote the juridical service and guarantee of intellectual property 

(I) Around the development of characteristic industries, set up typical cases of juridical protection of intellectual property in the free trade port  

(II) Take the initiative to serve in the front, and guarantee the high-quality development of the modern industrial system  

(III) Promote the construction of a collaborative protection mechanism for intellectual property, and integrate into the entire chain of intellectual property protection and the work pattern of large-scale protection  IV. With courage to take responsibility and determination to forge ahead, further promote reform measures in the field of intellectual property trial system and mechanism  

(I) Promote the “three-in-one” reform of civil, administrative and criminal trials mechanism of intellectual property, and build Hainan’s experience  

(II) Focus on the juridical function of intellectual property, and deepen the reform and innovation of the working mechanism  

(III) Explore the establishment of a blacklist system for seriously untrustworthy entities in the field of intellectual property  

V. Participate in the international governance of intellectual property, and accelerate the improvement of China’s juridical influence in the world  

(I) Strengthen the trial of foreign-related cases, and create a “preferred place” for intellectual property protection  

(II) Steadily advance the construction of a diversified resolution mechanism for foreign-related intellectual property disputes  

(III) Strengthen international juridical exchanges, and intensify juridical publicity to show a new image  

I. With the guidance of political construction, forge a loyal, clean and responsible court team  

Hainan Courts adhere to the Party’s absolute leadership over juridical work and always maintains a highly consistency with the Party Central Committee with General Secretary Xi Jinping at the core, so as to ensure that all intellectual property trials have a synergy with the development of the Party and the country and the construction of a free trade port and completely implement the decisions and deployments of the Party Central Committee. Hainan Courts give full play to the leading role in ensuring the comprehensive and strict governance of the Party, practically strengthen the political construction, improve the ability of the team to perform its duties, deepen the Party conduct and uphold integrity, and strive to build an intellectual property juridical team with firm politics and overall considerations, which is proficient in law and familiar with technology and has an international perspective.  

(I) Strengthen the construction of Party organization and faithfully perform the entity responsibility of comprehensively and strictly governing the Party  

The leading Party group of the Provincial High Court has earnestly implemented the Regulations on Implementing the Entity Responsibilities of Party Committee (Party Group) for Comprehensively and Strictly Governing the Party and the Regulations on the Political and Legal Work of the Communist Party of China, and formulated and promulgated the Detailed Rules for the Implementation of the Regulations on the Political and Legal Work of the Communist Party of China, thus ensuring the absolute leadership of the CPC over the work of people’s courts. With the approval of the formulation department, the Provincial High Court has innovatively established the first leading Party group office of the national court to strengthen the leading Party group to fully fulfill the entity responsibility of comprehensively and strictly governing the Party. It has clearly put forward the requirements for juridical trials, such as “adhering to the combination of quality and efficiency and the unification of three natures, and handling ‘cases with soul’”, so as to implement Xi Jinping’s thought on the rule of law into each specific case and ensure that intellectual property trials always advance in the right direction.  
(II) Strengthen the quality and ability construction of the team, and focus on improving the trial capacity of intellectual property cases  

The first is to earnestly insist on giving top priority to the construction of talent team, and properly selecting and using the cadres. The Provincial High Court has selected 25 excellent young cadres with strong political skills, competent abilities, outstanding achievements and courage to take responsibility from the corresponding positions in the courts of the province to consolidate a solid foundation for the intellectual property court team in the free trade port. The second is to implement the Five-Year Plan for the Quality and Capacity Construction of Hainan Courts in accordance with the requirements of “Seven Capabilities” proposed by General Secretary Xi Jinping, carry out “three-in-one” of the judge’s handling, research and service, focus on cultivating the foreign-related comprehensive legal talents with an international perspective who are proficient in foreign languages and international intellectual property rights, and lay a solid foundation for the healthy development of the intellectual property trial team of Hainan Courts. The third international trial team training course is held with more than 300 personnel trained, and dozens of forums and lectures on frontier issues of intellectual property trials are organized inside and outside the province to elaborately cultivate and reserve talents for juridical protection of intellectual property. The third is to explore and expand training and communication channels for police officer. 4 excellent cadres have been assigned to take temporary positions in the Intellectual Property Court of the Supreme People’s Court to participate in the training program of “Intellectual Property Talents”; 4 excellent police officers have been dispatched to study in the Intellectual Property Court of the Free Trade Port.  

(III) Strengthen the construction of juridical integrity, and comprehensively build the prevention and control system for clean governance risk 

All the juridical personnel have always kept in mind and deeply learned the painful lessons brought to the Hainan Courts by several black sheep. With a high degree of political consciousness and the courage to scrape the poison off the bone, they strive to build a new situation of clean governance in which they “don’t dare to be corrupt, can’t be corrupt, and don’t want to be corrupt”, establishing a new image of Hainan Courts with practical actions. The first is to punish juridical corruption with zero tolerance, and to thoroughly investigate the black sheep. The second is to deeply carry out “promoting reform with cases” and completely eliminate the harm. The third is to improve the clean governance system and build a solid system dam. The fourth is to comprehensively sort out the integrity risks in the entire trial process, and strengthen the control of key links. The fifth is to strictly implement a number of clean governance systems such as the Implementation Opinions of Hainan Courts on Implementing the “Three Regulations” and the Prohibition Scope of Police Officers’ Spouse, Children and Their Spouse, carry out regular warning education of clean governance, educate and warn the police officers with people and matters around, guide the police officers to calculate the “seven accounts” of life, and effectively build a solid ideological defense line against corruption and degeneration. 

II. Give full play to the juridical function, and comprehensively strengthen the juridical protection of intellectual property  

(I) The general situation of intellectual property cases in Hainan Courts  

In 2021, Hainan Courts have accepted a total of 2,250 intellectual property cases and concluded 1,923 cases, with a settlement rate of 85.47%. Among them, there are 1,978 intellectual property cases for the trial of first instance, accounting for 87.91%; 272 cases for the trial of second instance, accounting for 12.09%, and the appeal rate is 14.16%; there are no retrial cases of intellectual property throughout the year. Compared with the 1,942 cases accepted in 2020, the number of intellectual property cases in 2021 has increased significantly.   

1. Civil litigation cases concerning intellectual property   

In 2021, Hainan Courts have accepted a total of 2,230 civil litigation cases concerning intellectual property (see Figure 1 and Figure 2 for specific case types and year-on-year situations), among which there are 1,964 cases for the trial of first instance and 1,674 cases have been concluded, with a settlement rate of 85.23%; there are 266 cases for the trial of second instance and 235 cases have been concluded, with a settlement rate of 88.34%. 723 cases are mediated and withdrawn, with a mediation and withdrawal rate of 32.42%.  
Figure 1: Type of Civil Litigation Cases Concerning Intellectual Property Accepted by Hainan Courts in the Past Year  
Figure 2: Proportion of Civil Litigation Cases Concerning Intellectual Property Accepted by Hainan Courts in the Past Year  
2. Administrative litigation cases concerning intellectual property  

In 2021, Hainan Courts have accepted a total of 15 administrative litigation cases concerning intellectual property, among which there are 14 cases for the trial of first instance and 13 cases have been concluded, with a settlement rate of 92.86%; there is 1 case for the trial of second instance, which has been concluded, with a settlement rate of 100%. The key cases are the first series of administrative litigation concluded by the Intellectual Property Court of the Free Trade Port, that is, the anti-monopoly administrative penalty case of 12 companies including a Hainan engineering company against Hainan Administration for Market Regulation. The court has comprehensively considered the two factors that whether the prosecuted penalty decision has achieved legislative purpose of the anti-monopoly law to prevent and stop monopolistic behavior, and whether it conforms to the principle of equivalent fault and penalty embodied in the administrative penalty law and the anti-monopoly law. Based on the fact finding and legal provisions, a judgment is made to uphold the administrative penalty decision of the Provincial Administration for Market Regulation, which is pronounced publicly. This series of cases has a great influence in Hainan Province, and has received a high degree of social attention. The public judgment has played a role in interpreting the law by the case, and achieved good social and legal effects.  

3. Criminal litigation cases concerning intellectual property  

In 2021, Hainan Courts have accepted a total of 20 criminal litigation cases concerning intellectual property, involving 14 cases of selling counterfeit registered trademarks, 5 cases of infringing copyright and 1 case of infringing trade secrets. Among them, there are 14 cases for the trial of first instance and 12 cases have been concluded, with a settlement rate of 85.71%.   

(II) Characteristics of intellectual property case trials in 2021  

First, the number of cases has increased significantly. In 2021, Hainan Courts have accepted a total of 2,250 intellectual property cases of various types, showing a continuous growth compared with 1,942 cases in 2020. Among them, it is noteworthy that before the establishment of Intellectual Property Court of the Free Trade Port, its predecessor, Haikou Intellectual Property Court, accepted 217 intellectual property cases and concluded 195 cases from January to December 2020. The Intellectual Property Court of the Free Trade Port officially accepted cases from April 2021, which has accepted a total of 374 cases of various types and concluded 298 cases from April 2021 to December 2021. It is reflected from the significant increase of case number that since the establishment of Hainan Free Trade Port, more and more parties are willing to choose the Intellectual Property Court of the Free Trade Port as the jurisdictional court with the implementation of many favorable policies and the continuous optimization of innovative development environment, and Hainan Courts have played a more obvious role in the juridical protection, and the social impact has been improved obviously.  
Second, new types of cases involving the construction of free trade port have increased. The types of cases involve core fields, key technologies and emerging industries related to the construction of free trade port, such as new plant varieties, degradable environmental plastics, lithium battery patents, computer software development, and drug research and development. In general, with further advancement of the construction of Hainan Free Trade Port, technical cases in new forms of business, new fields and new types tend to be increased, making it more difficult to ascertain technical facts. For example, Hainan Courts only accepted 9 disputes involving the right of new variety plant during the six years from 2014 to the establishment of the Intellectual Property Court of the Free Trade Port; while in 2021, the Intellectual Property Court of the Free Trade Port has accepted 8 disputes involving the right of new variety plant in one year since its establishment.  

Third, the proportion of relevant enterprises involved in key parks has increased. Taking the Intellectual Property Court of the Free Trade Port as an example, about 40% of the first-instance cases accepted by the court are related to 11 key industrial parks, which reflects that the juridical service guarantee mechanism of “1 intellectual property court +5 circuit case-handling sites +11 juridical protection contact points of key parks” has achieved obvious results, which has strongly promoted the awareness of intellectual property protection of enterprises in the park.  Fourth, the “three-in-one” reform of criminal, civil and administrative trials promoted by Hainan Courts has achieved initial success. The number of criminal and administrative litigation cases concerning intellectual property has gradually increased, and the trials of typical civil, administrative and criminal cases have attracted extensive attention from the public, effectively promoting the formation of an overall synergy and giving full play to the overall effectiveness of civil rights protection, criminal strike and administrative punishment in intellectual property protection, and the effect is obvious. Since its establishment, the Intellectual Property Court of the Free Trade Port has accepted 14 administrative litigation cases of first instance and concluded 13 cases, with a settlement rate of 92.86%; accepted 8 criminal litigation cases and concluded 6 cases, with a settlement rate of 75%, involving 6 cases of selling counterfeit registered trademarks, 1 case of infringing copyright, and 1 case of producing and selling fake and inferior products. The court has publicly tried and pronounced judgments on major cases such as civil disputes of infringing new plant varieties, administrative cases of monopoly and criminal cases of selling counterfeit trademarked products, which has played a good role in legal education and juridical guidance. Among them, the number of online hearers in the public trial of infringing the new plant variety has reached 1 million.  

III. With the goal of serving the overall situation of construction of a free trade port, strive to promote the juridical service and guarantee of intellectual property  

(I) Around the development of characteristic industries, set up typical cases of juridical protection of intellectual property in the free trade port  

Fully aware of the significance of intellectual property trials for the implementation of the national innovation-driven development strategy and the high-quality development of Hainan Free Trade Port, Hainan Courts have put effort into the main business of intellectual property trials, adhered to the unified juridical concept of “conformity to purpose, regularity and rationality”, strived to handle “cases with soul”, and demonstrated the juridical protection of intellectual property in the free trade port with high-quality cases. The technical cases accepted by Hainan Courts in 2021 are closely related to modern industries, involving the seed industry, degradable environmental plastics, lithium battery patents, computer software development, drug research and development, etc. On April 26, 2021, the first case in the Intellectual Property Court of the Free Trade Port, namely the dispute case of infringing the new plant variety between the plaintiff Hunan Yahua Seed Industry Research Institute and the defendant Zhang, opened a public hearing. The case involved a dispute over the infringement of new plant variety right in Sanya Yazhou Bay. For the first time, the Intellectual Property Court of the Free Trade Port introduced a technical investigator in the trial of the case to efficiently and accurately find out the difficult technical facts involved in the case, and made a determination that Zhang’s infringement was established. The judgment document of this case was selected as the outstanding judgment document of the technical intellectual property and monopoly cases of national courts in 2021. In July 2021, the Intellectual Property Court of the Free Trade Port issued the first act preservation injunction, and took juridical relief measures in a timely manner to stop the suspected infringement of the right to disseminate information on audio-visual works online. The case has also achieved a good legal effect.  
(II) Take the initiative to serve in the front, and guarantee the high-quality development of the modern industrial system  

Taking the 11 key parks in the province as the effective means, Hainan Courts have created the first juridical service guarantee mechanism of “1 intellectual property court +5 circuit case-handling sites +11 juridical protection contact points of key parks” in the country. Through the function orientation of “nearby service, regular consultation, special training, litigation-mediation docking, and strengthened protection”, Hainan Courts have focused on the implementation of national key strategies and innovation-driven development to take the initiative to provide juridical service and guarantee for key enterprises of Southern breeding, new medical technology and digital creativity, as well as the advancement and construction of major functional platforms such as global plant and animal germplasm resources introduction base, deep-sea aerospace and intellectual property trading center, so as to extend the protection of intellectual property to key parks. It has also strengthened the intellectual property protection for geographical indications in Hainan, such as “Qiaotou Sweet Potato” and “Fushan Coffee”, promoted the optimization and upgrading of Hainan’s characteristic industries, and explored the integration of intellectual property protection with rural revitalization for common development. The Trial Court of Sanya Yazhou Bay Science and Technology City Intellectual Property Special Zone, the Circuit Case-handling Site of Hainan Intellectual Property Service Port, the Juridical Protection Contact Point of Hainan Ecological Software Park, the Juridical Protection Contact Point of Wenchang International Aerospace City, and the Juridical Protection Contact Point of Sanya Yazhou Bay Science and Technology City have been successfully completed and put into operation, and have accepted 38 intellectual property cases related to enterprises in the park, such as seed industry, degradable environmental plastics, lithium battery patents, computer software development, and drug research and development, which provide intellectual property juridical services for enterprises nearby and are warmly welcomed by enterprises. Supported by the Supreme People’s Court, the Provincial High Court has established the “Germplasm Resources Research (Hainan) Base of People’s Court Intellectual Property Juridical Protection” relying on the Intellectual Property Court of the Free Trade Port, so as to support the construction of the national “Southern Silicon Valley” seed industry base and promote the deep integration of scientific research and cultivation of new plant varieties with juridical protection of intellectual property. During the first China International Consumer Products Expo in May 2021, Hainan Courts organized a professional trial team to enter the Expo, set up the juridical service contact point and the litigation-mediation docking guidance station for the Expo, and opened a 24-hour online live broadcast service on an online diversified settlement platform for foreign-related civil and commercial disputes to provide efficient juridical services for Chinese and foreign exhibitors, which have been praised widely.  

(III) Promote the construction of a collaborative protection mechanism for intellectual property, and integrate into the entire chain of intellectual property protection and the work pattern of large-scale protection  

Relying on the construction of a large-scale intellectual property protection pattern, Hainan Courts have focused on strengthening communication and coordination with public security, procuratorial organs and competent authorities of intellectual property, market supervision and copyright, promoting the improvement of intellectual property litigation, arbitration, mediation and notarization work mechanisms, strengthening coordination and cooperation, optimizing resource allocation, unblocking dispute resolution channels, and intensifying the entire chain of intellectual property protection, so as to advance the construction of an integrated intellectual property protection mechanism under the guidance of promoting the construction of a public legal service platform. The Intellectual Property Court of the Free Trade Port has signed a framework agreement on the collaborative protection of intellectual property in Haikou and Sanya with Administration for Market Regulation, Public Security Bureau, Procuratorate, Court, Juridical Bureau and Commercial Mediation Center, and has made great efforts to build a large-scale intellectual property protection pattern of “five-in-one”, including juridical trial, commercial arbitration, diversified mediation, legal service and industry self-discipline, and has signed litigation-mediation docking agreements with 3 intellectual property mediation organizations. 14 mediators have settled on the court mediation platform, with a mediation success rate of 61.11%, and the effect of diversified dispute mediation is prominent. Qiongshan Court set up a mediation service station in Haikou Administration for Market Regulation and Haikou Intellectual Property Association, and signed a cooperation agreement with Haikou International Commercial Mediation Center to assign cases to the above-mentioned mediation organizations for pre-litigation and in-litigation mediation and solve intellectual property disputes through multiple and diversified ways. Sanya Suburban Court signed the Sanya Intellectual Property Dispute Mediation and Collaboration Memorandum with Sanya Administration for Market Regulation, Sanya Juridical Bureau and People’s Mediation Committee of Sanya Intellectual Property Dispute, jointly establishing a diversified dispute mediation platform for intellectual property and efficiently mediating many cases, which has been well received by the parties. It has actively participated in the construction of an integrated intellectual property protection mechanism to create a comprehensive system integration innovation work of intellectual property protection center. The emphasis is to form a layout, that is, “one south and one north” and “two wings flying together” in Haikou National High-tech Zone and Sanya Yazhou Bay Science and Technology City. The next step is to continue to promote the intellectual property protection of Boao Lecheng and Yangpu Development Zone, and build a more thorough protection pattern in “east, south, west and north”. Under the guidance of the Provincial High Court, the Intellectual Property Court of the Free Trade Port has settled in the “One-Stop” Intellectual Property Protection Center in Sanya Yazhou Bay Science and Technology City, and will settle in the “One-Stop” Intellectual Property Protection Center in Haikou National High-tech Zone after its completion in 2022.  IV. With courage to take responsibility and determination to forge ahead, further promote reform measures in the field of intellectual property trial system and mechanism  

(I) Promote the “three-in-one” reform of civil, administrative and criminal trials mechanism of intellectual property, and build Hainan’s experience  

Deepen the “three-in-one” reform of intellectual property trials. In accordance with the requirements of the Supreme People’s Court on promoting the “three-in-one” reform of the trials of intellectual property civil, criminal and administrative cases, Hainan Courts have explored measures for the “three-in-one” reform of intellectual property trials according to local conditions. Approved by the Standing Committee of the National People’s Congress, the Intellectual Property Court of the Free Trade Port has become the only specialized court in the country that has the “three-in-one” functions of civil, administrative and criminal trial, integrating case filing, trial and enforcement. The first is to promote the jurisdiction over criminal cases concerning intellectual property. The Provincial High Court issued the Opinions on Designating Jurisdiction over Criminal Cases Concerning Intellectual Property, so as to clarify the scope of intellectual property criminal cases and the specific jurisdiction of public security, procuratorial organs and people’s courts over intellectual property criminal cases, and establish a communication and coordination mechanism. The second is to actively explore trial rules and judgment methods that conform to the trial laws of technical intellectual property cases, improve the diversified technical fact-finding system which takes the technical investigator system as the foundation and the technical consultation, expert jury, expert assistance and technical appraisal as the important components, appoint 4 experts and scholars as the first batch of technical investigators, involving key industries of the free trade port such as seed industry, medicine and electronic information, and establish a fast trial mechanism for intellectual property types of cases, so as to achieve fast trial of simple cases and intensive trial of complicated cases. The third is to reiterate the provisions of the centralized jurisdiction mechanism for administrative cases concerning intellectual property, and promote the implementation of the “three-in-one” trial mechanism reform of intellectual property civil, criminal and administrative cases. The Intellectual Property Court of the Free Trade Port has first accepted 12 first-instance administrative cases involving anti-monopoly disputes, and the “three-in-one” reform has achieved initial success.  

(II) Focus on the juridical function of intellectual property, and deepen the reform and innovation of the working mechanism  

The first is to make suggestions for the revision of the Regulations on the Intellectual Property Protection in Hainan Free Trade Port (Draft for Review), adding a chapter on juridical protection, strengthen the establishment and improvement of the working mechanism and system of juridical protection of intellectual property, aim at the prominent problems in the practice of intellectual property in Hainan Free Trade Port, and assist the legislature to implement the requirements of “strict protection, large protection, fast protection and simultaneous protection” of intellectual property through legislation. The second is to introduce the Opinions of Hainan Higher People’s Court on Comprehensively Strengthening Juridical Protection of Intellectual Property, put forward 29 measures in terms of adhering to the innovation development idea, promoting the science and technology innovation and key industries development, creating a legalized business environment, building the entire chain protection pattern and strengthening the construction of judgment ability, further form the overall synergy of intellectual property protection in Hainan, and effectively improve the level of juridical protection of intellectual property in Hainan Free Trade Port. The third is to hold a symposium on intellectual property protection of new plant varieties and promote the establishment of a joint communication and disposal mechanism. In order to implement Governor Feng Fei’s important instruction on Report of Hainan High People’s Court on the Intellectual Property Protection of New Plant Varieties, that is, “the consideration for the next step is very specific, especially it is necessary to establish a joint communication and disposal mechanism between the administrative and juridical departments”, the Provincial High Court held a symposium on intellectual property protection of new plant varieties jointly with the Provincial Public Security Department, the Provincial Justice Department and other 12 units, so as to further promote collaborative protection and establish a joint communication and disposal mechanism. The fourth is to formulate the Opinions on Several Issues Concerning the Connection of Case Jurisdiction of Intellectual Property Court of Hainan Free Trade Port, and ensure the smooth connection of the work related to the jurisdiction of intellectual property cases between the Intellectual Property Court of Free Trade Port and the intermediate and grass-roots courts. The fifth is to issue Opinions on Several Issues of Designating Jurisdiction over Criminal Cases Concerning Intellectual Property jointly by the Provincial High Court, the Provincial Procuratorate and the Provincial Public Security Department, so as to clarify the scope of intellectual property criminal cases and sort out the work connection mechanism between the courts, procuratorial and public security organs. The sixth is to formulate the Regulations on the Public Hearing of Major Cases by the Intellectual Property Court of Hainan Free Trade Port (Trial), so as to standardize the public hearing of major cases involving emerging industries, key areas, key core technologies and new plant varieties in Hainan during the construction of the free trade port, ensure the unification of the legal effect and social effect of major cases, and make efforts to improve the level of service for the construction of free trade ports. The seventh is to formulate the Regulations on the Operation of the Fast Trial Mechanism for Intellectual Property Cases in the Intellectual Property Court of Hainan Free Trade Port and the Regulations on Simplified Judgment Documents for Intellectual Property Cases (Trial), so as to promote the reform of fast trial mechanism and document type of intellectual property civil cases and further improve the quality and efficiency of trials of intellectual property cases. The eighth is to draw up the Implementation Plan of Intellectual Property Court of Hainan Free Trade Port on Special Report System for Dynamic Analysis of International Intellectual Property Juridical Protection, so as to strengthen the follow-up research on new international situations, new trends and new developments faced by intellectual property protection, and enhance the collection, translation and arrangement of latest situations of international intellectual property juridical protection from the overall situation that is to strengthen the country through intellectual property and serve the construction of free trade port.  

(III) Explore the establishment of a blacklist system for seriously untrustworthy entities in the field of intellectual property  

Improve the construction of the credit system in the field of intellectual property, establish a cross-departmental collaborative supervision and joint punishment mechanism in the field of market supervision, and create a good market credit environment. The Intellectual Property Court of the Free Trade Port negotiated with Haikou Administration for Market Regulation and other units to co-sign the Cooperation Memorandum of Haikou City on Joint Punishment of Seriously Untrustworthy Entities in the Field of Intellectual Property (Patent) in Hainan, so as to implement joint punishment on the entities for their seriously untrustworthy behaviors in the field of intellectual property (patent).   

V. Participate in the international governance of intellectual property, and accelerate the improvement of China’s juridical influence in the world  

Hainan Courts adhere to the guidance of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, guide the enforcement and case handling with Xi Jinping Thought on the Rule of Law, firmly follow the path of law-based governance under Chinese socialism, plan and promote the rule of law at home and abroad, achieve the foreign trial, training and international juridical exchanges, make efforts to cultivate an international juridical team that meets the needs of free trade port construction, and actively build an influential juridical protection highland for intellectual property at home and abroad.   

(I) Strengthen the trial of foreign-related cases, and create a “preferred place” for intellectual property protection  

Since 2021, Hainan Courts have accepted 39 foreign-related intellectual property cases, of which foreign-related factors are closely related to the offshore duty-free policy of Hainan Free Trade Port, involving the United States, South Korea and other countries, and the main causes involve disputes of infringing the rights of trademark and work distribution. 30 cases have been concluded, which protect the legitimate rights and interests of Chinese and foreign rights holders equally, create an open and transparent legal environment and a market environment for equal competition and achieve good legal and social effects.  

(II) Steadily advance the construction of a diversified resolution mechanism for foreign-related intellectual property disputes  

The Regulations of Hainan Province on Diversified Dispute Resolution clearly establishes a diversified resolution mechanism for international commercial disputes in the legislation, which improves the centralized trial mechanism for international commercial dispute cases and uses various non-litigation methods such as international commercial arbitration and mediation to resolve disputes. The Provincial High Court is actively carrying out research, and has organized relevant departments to hold special meetings for research and discussions, so as continue to strengthen coordination and communication with the World Intellectual Property Organization, promote the introduction of international experts to participate in the implementation of diversified resolutions of foreign-related intellectual property disputes, improve the international influence of Hainan Courts in resolving intellectual property disputes, and play a more active role in assisting the construction of the foreign-related rule of law in free trade port and deeply participating in the global governance of intellectual property.  

(III) Strengthen international juridical exchanges, and intensify juridical publicity to show a new image  

The Provincial High Court has built a high-quality English website and various other media platforms in both Chinese and English, to tell stories of the courts, show the image of judges and disseminate knowledge of intellectual property protection through measures such as “talking about the concept of foreign-related trials in one sentence”, interpreting laws by cases, organizing seminars and publishing white papers on intellectual property protection in both Chinese and English. By use of the nodes such as “4.26” Intellectual Property Publicity Week and serving the China International Consumer Products Expo, the publicity of intellectual property trials is increased and the domestic and international influence is expanded. The Intellectual Property Court of Free Trade Port has received visits from the U.S. Consulate in Guangzhou and the Guangzhou Representative Office of Japan External Trade Organization, fully demonstrating the open attitude of the Free Trade Port Court and the good image of equal protection; received inspection from the representatives of the National People’s Congress of the Macao Special Administrative Region, and promoted win-win cooperation and interactive development of all parties in the major historical opportunities for the construction of the Guangdong-Hong Kong-Macao Greater Bay Area and the Free Trade Port.  

Conclusion  
The decision of the CPC Central Committee to approve the establishment of the Intellectual Property Court of Free Trade Port in Hainan is an important measure for the CPC Central Committee to focus on the domestic and international overall situation and implement the policy of comprehensively deepening reforms and testing the highest level of opening up, providing a strong juridical support for building Hainan Free Trade Port into a clear banner and an important opening door that will lead our opening to the outside world in the new era. Over the past year, in the face of the new situations, new tasks and new requirements of intellectual property trials in the free trade port, Hainan Courts have made concerted efforts, forged ahead, worked hard, and obtained remarkable achievements. However, we are well aware that compared with the requirements of the CPC Central Committee and the expectations of the general public, there are still many deficiencies in the intellectual property trials of Hainan Courts, which need to be further improved and promoted. The year of 2022 is the year when the 20th National Congress of the Communist Party of China is held, and it is also the year when the construction of Hainan Free Trade Port is accelerated. Hainan Courts will always maintain the correct political direction, enhance the sense of responsibility and mission, take advantage of the location, seize the development opportunities, perform the duties in accordance with the law, strengthen the mechanism exploration, promote Hainan to become a “preferred place” for resolving international intellectual property disputes, constantly accumulate to dynamically adapt to China’s experience in juridical protection of intellectual property in international economic cooperation and competition, participate in international intellectual property governance with a more active attitude, and further strive to promote the high-quality development of intellectual property trials in the new era, providing a solid juridical foundation for Hainan to comprehensively deepen reform and opening up and build a free trade port. We will welcome the success of the 20th National Congress of the Communist Party of China with practical actions!



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