Former title: Zhumadian Court Promotes the Construction of Smart Court and Helps Diverse Dispute Resolution (Quote)
Data enabling provides high-quality and efficient judicial services for enterprises (theme)
Legal Daily reporter Zhao Hongqi
"In the business environment of escorting the rule of law, the city's two level courts further promote the construction of smart courts and the application of 'Internet+', and enable enterprises to provide efficient and convenient judicial services with data." Zou Bo, secretary of the Party Leadership Group and president of the Zhumadian Intermediate People's Court of Henan Province, recently introduced to the reporter of the Rule of Law Daily that the Zhumadian Intermediate People's Court optimized the "one-stop" litigation service window settings, We will improve the administration of trial supervision, reform of the operation mechanism of the executive power and other institutional developments, and effectively improve the overall quality and efficiency of litigation services.
It is understood that the Zhumadian municipal courts comprehensively implement the "12368+" "one-stop" litigation service, which is received by the enterprise related commissioner. According to the enterprise's demands, they timely push and issue the notice of appointment to each window, make an appointment to contact the presiding judge and the judge assistant for reception, and provide the enterprise related parties with a full range of litigation matters in the stages of filing, hearing, and execution "One stop" business environment judicial services such as receiving and transferring materials, legal advice, case inquiry, complaints and suggestions, case audit, etc.
At the same time, the Zhumadian Intermediate People's Court launched the WeChat small program of "Zhumadian Intermediate People's Court's Opinion Collection Platform for Optimizing Business Environment - Post Office" on the official website and WeChat public account, and collected and responded to the problems in the filed, trial, execution and other fields reflected by the people online, so as to open the channels for the people to express their demands, and to solve their doubts, Arrange special departments to collect, analyze, study, judge, supervise and deal with the reflected problems, opinions and suggestions, and feed back the results in a timely manner.
The Implementation Plan on Jointly Establishing the Intellectual Property Protection Mechanism for Market Entities (hereinafter referred to as the Implementation Plan) jointly formulated by Zhumadian Intermediate People's Court and the Municipal Market Supervision and Administration Bureau was formed through active communication and coordination after receiving the suggestions.
The Implementation Plan clearly stipulates that small, medium-sized and micro enterprises do not pay attention to avoiding others' registered trademarks when registering market subjects, as well as the widespread problems of insufficient awareness of intellectual property protection in market operation activities, lax review of the source of goods sold and the ownership of intellectual property rights, and non-standard trading behavior, which lead to a large number of sued infringement cases, Adhere to the principle of source control, the market supervision and administration department shall set up a retrieval procedure for trademarks and enterprise names in the same industry when registering market subjects, conduct a preliminary examination of the names of enterprises applying for registration, and if there are identical or similar situations with the registered trademarks of others or enterprise names with relatively high popularity, The staff handling the registration of the market subject shall inform about the legal risk of infringement of others' intellectual property rights of the registered name.
"A registered trademark is a quality assurance certificate and credit certificate of an enterprise, which concerns the vital interests of an enterprise in market competition and is an intangible asset of a producer." Zou Bo took an example to say that in the case of trademark infringement and unfair competition disputes between the plaintiff Henan Huahuaniu Dairy Group Co., Ltd. and the defendant Huahuaniu, the Intermediate Court of Zhumadian held that "Huahuaniu" It is the registered trademark and enterprise name of Henan Huahuaniu Dairy Group Co., Ltd. After long-term market operation and publicity, the trademark and enterprise name have gained high market awareness and reputation in the dairy industry. It is a well-known brand in Henan Province and has strong product recognition and recognition for consumers. A company of Huahuaniu uses the registered trademark of Huahuaniu Group as a trade name in the enterprise name, misleading the public, and causing relevant consumers to mistakenly believe that Huahuaniu has a specific relationship with Huahuaniu Group. As an enterprise also engaged in the dairy industry, borrowing the reputation of "Huahuaniu", it has an obvious intention of "hitchhiking" subjectively, It is enough to cause the relevant public to mistakenly believe that a company of Huahua Niu has some connection with Huahua Niu Group or is the same market subject, violates the principle of good faith, disturbs the market competition order, and constitutes unfair competition.
"It is particularly convenient to open the WeChat applet, which can reflect the problems of 'execution to failure' and good faith execution," said several lawyers interviewed.
After receiving relevant suggestions from lawyers, Zhumadian Intermediate People's Court set up a collegial panel for enforcement and bankruptcy in March 2023 to drive the increase of the number of bankruptcy cases accepted by "enforcement to bankruptcy". In 2023, there will be 101 bankruptcy cases filed by various subjects in the city, 79 more than the same period in 2022, with a growth rate of 359%; 95 court decisions were accepted in the city, an increase of 77 over the same period in 2022, with a growth rate of 428%; The average trial period of bankruptcy cases was 162 days, a year-on-year decrease of 256 days; 66 enterprises withdrew from the market orderly through bankruptcy liquidation.
"Three enterprises with assets of more than 100 million yuan were successfully restructured." Zou Bo introduced that the restructuring case of Haohua Junhua Group Co., Ltd. resolved the debt burden of nearly 20 billion yuan of enterprises and ensured the employment of more than 2000 employees; The bankruptcy reorganization case of Tianxu Real Estate Development Co., Ltd. effectively protected the legitimate interests of commercial housing consumers and realized 100% payment of creditor's rights. It only took 44 days from the ruling to accept the reorganization application to the approval of the reorganization plan and termination of the reorganization procedure.
Statistics show that since 2023, the two level courts of Zhumadian City have adopted the form of "open seal" for 150 enterprises, repaired the credit of 291 enterprises, facilitated 577 enterprises to automatically fulfill their repayment obligations, and minimized the impact on the rights and interests of the person subjected to execution while protecting the legitimate rights and interests of the winning party in accordance with the law.
