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Effectively provide judicial guarantee for the development of new quality productivity

Chen Anmei
May 24, 2024 08:20 | Source: People's Court Daily
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We will effectively identify the entry point and combination point for accelerating the development of the new quality productivity under judicial escort, promote the vitality of all production factors to burst out in a competitive manner, and all sources of innovation to flow fully, so that market vitality and social creativity can further stimulate the new quality productivity, and inject new judicial momentum into high-quality economic and social development.

During the National Two Sessions this year, General Secretary Xi Jinping pointed out: "We should firmly grasp the primary task of high-quality development, and develop new quality productivity according to local conditions." The government work report listed "new quality productivity" as the top ten tasks in 2024, and proposed "vigorously promote the construction of a modern industrial system, and accelerate the development of new quality productivity". Based on the new stage of development, in the critical period of the formation and development of new quality productivity, how to provide strong judicial services and guarantees for the development of new quality productivity is a must for the people's courts.

Grasp the core subject. The key to new quality productivity lies in innovation, and private enterprises are the main force driven by innovation. According to the data from the State Intellectual Property Office, private enterprises contribute 70% of the technological innovation achievements of the whole society, covering 80% of the national "little giants" specializing in new technologies and 90% of high-tech enterprises. It can be said that private enterprises will make great achievements in accelerating the formation of new quality productivity. Judicial escort of new quality productivity must focus on private enterprises as the core subject, protect the legitimate rights and interests of private enterprises and their scientific researchers according to law, strengthen the judicial protection of private enterprises' scientific researchers and scientific innovation achievements, and stimulate the original innovation vitality and creative potential, Create a good environment conducive to the vigorous development of scientific and technological innovation of private enterprises. At the same time, we will strengthen the publicity of the rule of law, actively guide entrepreneurs to abide by the law, be honest and trustworthy, and compete fairly in business activities, actively fulfill social responsibilities, and enhance the awareness of the rule of law by holding press conferences, releasing typical cases, and sending judicial suggestions.

Identify key links. Intellectual property protection is an important guarantee to stimulate innovation, and also a key link to promote the development of new quality productivity. With the implementation of China's innovative national strategy, the demand for judicial protection of intellectual property is increasing, and more and more market competition behaviors enter the scope of intellectual property judicial adjudication. We should proceed from the national strategic height and the requirements of entering a new stage of development, deepen the reform of the concept of intellectual property trial, comprehensively and accurately grasp the spirit and principles of law, combine legal protection with active performance of duties, unify the case scale and the applicable standards of law with the help of the legal response network and the case database of the people's court. We will deepen the "three in one" trial mechanism for intellectual property trials, centralize and unify the acceptance, promote the improvement of civil, administrative and criminal case jurisdiction, and the efficient operation of procedures, and improve the overall effectiveness of intellectual property protection. We will focus on the source of litigation governance, summarize and identify emerging and common problems from individual cases and similar cases, summarize and refine the reasons, and put forward targeted judicial suggestions to help resolve the source of intellectual property disputes.

Focus on key areas. The core element of new quality productivity is scientific and technological innovation. New technologies, new formats and new models have a high level of knowledge and technology and are still in the stage of exploration and development. Many enterprises hope to seize the new development fields and seize the opportunity to share a share. According to the analysis of cases accepted published by the Intellectual Property Tribunal of the Supreme People's Court in the past three years, the proportion of cases accepted involving strategic emerging industries has increased from about 1/4 in 2021 to nearly 1/3 in 2023, and new disputes involving new fields and new formats such as artificial intelligence, big data, and genetic technology are emerging. Focusing on the development needs of new fields and new business types, constantly improving the rules of judicial adjudication, strengthening research on cutting-edge legal issues, actively responding to the new needs of market-oriented judicial protection of new quality productive forces, overcoming legislative lag, and creating a stable, transparent, standardized, and predictable legal environment for innovation and entrepreneurship are the ways for the people's courts to play their trial execution functions It is necessary to ensure the stable and healthy development of new quality productivity.

Standing at a new historical starting point, we should keep in mind that "the country is the largest", thoroughly study and implement Xi Jinping's thought of the rule of law, earnestly find the entry point and combination point of judicial escort to accelerate the development of new quality productivity, promote the vitality of all production factors to burst out, and all sources of innovation to flow fully, so that market vitality and social creativity can further stimulate new quality productivity, Inject new judicial momentum into high-quality economic and social development.

(Author's unit: Changqing District People's Court, Jinan City, Shandong Province)

(Editor in charge: Ma Chang, Liang Qiuping)

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