On March 10, 2024, Procuratorial Daily, 8 pages, special issue of the two sessions
Representatives of Huang Chunyan, Liu Qingfeng, Lei Yafei and Qi Yuxiang:
Intellectual property procuratorial protection Service new quality and accelerate the development of productivity
Our reporter Sun Fengjuan Wu Yihuo
Correspondent Huang Liang
For and on behalf of Huang Chunyan
Representative Liu Qingfeng
Representative of Lei Yafei
Representative of Qi Yuxiang
On March 5, Xi Jinping, General Secretary of the CPC Central Committee, President of the People's Republic of China and Chairman of the Central Military Commission, when attending the deliberation of the Jiangsu delegation at the second session of the 14th National People's Congress where he was, stressed that we should firmly grasp the primary task of high-quality development and develop new quality productivity in line with local conditions.
For many people, the term "new quality productivity" is not new. In 2023, when visiting Heilongjiang, General Secretary Xi Jinping first mentioned the new quality productivity. In January this year, when presiding over the eleventh collective study of the Political Bureau of the Central Committee, General Secretary Xi Jinping made a systematic exposition on the new quality productivity.
What is the new quality productivity? General Secretary Xi Jinping pointed out: "To sum up, the new quality productivity is an advanced productivity quality characterized by high technology, high efficiency and high quality, which is in line with the new development concept, with innovation playing a leading role and breaking away from the traditional economic growth mode and productivity development path."
What can procuratorial organs do to serve the development of new quality productivity? What did you do? On March 8, the Procurator General of the Supreme People's Procuratorate should bravely deliver a report on the work of the Supreme People's Procuratorate, pointing out that procuratorial organs should strengthen judicial protection of intellectual property rights in key core technologies and emerging industries, and accelerate the development of new quality productivity.
Intellectual property is the key element of new quality productivity. To develop new quality productive forces, we must strengthen the protection of intellectual property rights. In the past year, the procuratorial organs have taken many powerful measures to protect innovation and intellectual property rights.
45 measures were introduced to strengthen comprehensive judicial protection of intellectual property rights
The work report of the Supreme People's Procuratorate pointed out that in 2023, the procuratorial organ of the Supreme People's Procuratorate will take 45 measures to handle intellectual property cases, strengthening comprehensive protection. The procuratorial organs prosecuted 18000 people for infringement of trademark rights, patent rights, copyrights, trade secrets and other crimes, up 40.8% year on year.
The reporter learned that at present, all provincial procuratorates in the country have set up intellectual property procuratorial offices, and some municipal procuratorates and grass-roots procuratorates that handle a large number of cases have also set up intellectual property procuratorial offices or professional case handling teams. The professional level of handling cases in the national intellectual property procuratorial line is constantly improving.
"After listening to the work report of the highest level inspection, I was deeply impressed with the work of the procuratorial organ to ensure innovation driven development, which makes people deeply feel the efforts of the procuratorial organ in promoting the creation of a good innovation ecology." Huang Chunyan, a deputy to the National People's Congress, a welder of Anhui Bowei Chang'an Electronics Co., Ltd. and director of Chang'an Welding Skills Master Studio, said.
Representative Huang Chunyan said that as a craftsman from the front line, how to protect scientific and technological innovation is one of her concerns. In recent years, she has inspected the procuratorial work for many times, and supported the procuratorial organs in their efforts to protect intellectual property rights and ensure innovative development. For example, the Anhui Provincial Procuratorate, together with the Provincial High Court and the Provincial Public Security Department, jointly issued the Guidelines for Evidence in Intellectual Property Criminal Cases and the Opinions on Some Procedural Issues in Handling Intellectual Property Criminal Cases, which vividly demonstrated the procuratorial practice of service innovation and development.
Strengthen the protection of trade secrets in litigation to prevent "secondary disclosure"
"Why do you pay so much attention to the new quality productivity? In my opinion, it is because we want to win the initiative of future development through stronger independent innovation ability. If there is no comparative advantage in the industrial chain value chain, it is very likely to be" choked "by others." Liu Qingfeng, representative of the National People's University and chairman of iFLYTEK, said, "We must emphasize the new quality productivity and open up an independent and controllable development path. This development path must be accompanied by the rule of law."
The work report of the Supreme People's Procuratorate pointed out that the protection of trade secrets in litigation should be strengthened to prevent "secondary disclosure". In 2023, the procuratorial organs handled 2508 cases of supervision of intellectual property civil administrative litigation, 2.7 times the number in 2022. 873 public interest lawsuits in the field of intellectual property were handled.
Comprehensive performance of duties is a distinctive feature of intellectual property procuratorial work. The procuratorial organs emphasize the integration of procuratorial functions in criminal, civil, administrative and public interest litigation, and strengthen the comprehensive judicial protection of intellectual property rights with professional case handling teams.
"General Secretary Xi Jinping pointed out that we should develop new quality productivity in line with local conditions. The government work report proposed that we should vigorously promote the construction of a modern industrial system and accelerate the development of new quality productivity. As an industrial technician, I am very excited." Lei Yafei, senior engineer of Lingshui Yacheng Operation Company of Hainan Branch of the Company, told reporters that as the country with the strongest industrial production capacity in the world at present, China is fully capable of realizing and promoting the development of new quality productivity. He suggested that the procuratorial organ should strengthen the protection of intellectual property rights such as key core technologies, constantly summarize the experience of judicial protection of intellectual property rights, strengthen the release of typical cases, and create a good environment for the whole society to encourage innovation.
Carry out special procuratorial supervision on malicious litigation involving intellectual property rights, and promote the creation of a good innovation ecology
The report on the work of the Supreme People's Procuratorate mentioned that the procuratorial organ once handled a malicious lawsuit case of intellectual property rights. A cultural media company has filed more than 5800 malicious lawsuits against the copyright owners of counterfeit music and television works. The highest level of inspection has been listed for supervision, guiding the procuratorial organs of nine provinces and cities, including Guangdong and Shandong, to simultaneously supervise the court retrial according to law, and approving the arrest of five criminal suspects, promoting the creation of a good innovative environment.
The reporter learned that, in view of malicious litigation in the field of intellectual property rights, the procuratorial organ based on its functional orientation, focused on the governance of prominent problems, and actively played the role of procuratorial functions. The Supreme People's Procuratorate organized and carried out special supervision on punishing malicious litigation of intellectual property rights in accordance with the law in procuratorial organs across the country, focusing on strengthening supervision on abuse of rights and false litigation, strengthening the transfer of suspected criminal clues, actively participating in the industry governance of prominent problems such as malicious registration, hoarding of trademarks, and abuse of litigation rights, and maintaining normal economic and social order, Protect the legitimate rights and interests of the people.
Qi Yuxiang, a deputy to the National People's Congress and director of the Aode Group Shandong Industry Research Aode Joint Innovation Center, recognized the procuratorial organ's measures to protect innovation. "Innovation is the first driving force to lead development. The whole society should carry forward the spirit of innovation and actively create a good innovation environment. A good innovation environment cannot be separated from the protection of the rule of law. It is hoped that the procuratorial organs will continue to strengthen the protection of intellectual property rights and accelerate the development of new quality productivity.
