IP rights are im­prov­ing, thanks to stronger rules

China Daily (Hong Kong) - - CHINA -

Zhang Jian is a judge at the Bei­jing In­tel­lec­tual Prop­erty Court, which was es­tab­lished in 2014 to im­prove the qual­ity of judg­ments in cases re­lated to in­tel­lec­tual prop­erty rights.

Icame to the court when it was set up in Novem­ber 2014, and in the past three years I have grown with the new de­part­ment. Dur­ing that time, I have wit­nessed the coun­try’s stronger pro­tec­tion of in­tel­lec­tual prop­erty rights, thanks to stronger rule of law. This has helped me to make more com­pre­hen­sive and pro­fes­sional judg­ments.

For ex­am­ple, in 2015, I dealt with a soft­ware copy­right dis­pute be­tween two com­puter com­pa­nies. The case was dif­fi­cult be­cause it was hard for the plain­tiff to col­lect ev­i­dence that the de­fen­dant had in­fringed their IP rights on­line.

To bet­ter pro­tect the soft­ware in­no­va­tor’s right along with some col­leagues I in­sisted on safe­guard­ing doc­u­ments stored on nearly 800 com­put­ers in case the de­fen­dant at­tempted to de­stroy them. That helped a lot when we heard the case.

How­ever, I know my ef­forts alone will not be enough to make a real dif­fer­ence. More judges should be ap­pointed to hear IP pro­tec­tion cases, and peo­ple from all walks of life need to pay greater at­ten­tion to in­fringe­ments be­cause bet­ter pro­tec­tion will en­cour­age greater in­no­va­tion.

As an IP judge, I think we not only need to pro­vide good judg­ments, but also need to push for­ward much tougher laws and reg­u­late the mar­ket. Af­ter all, a good mar­ket en­vi­ron­ment is the foun­da­tion that al­lows busi­nesses and in­no­va­tors to com­pete and de­velop.

In ad­di­tion, as a pi­o­neer in the im­ple­men­ta­tion of ju­di­cial re­form, our court has been ex­plor­ing how to im­prove ef­fi­ciency when han­dling com­pli­cated IP dis­putes be­cause a faster pro­ce­dure can help to re­duce the losses suf­fered by the hold­ers of IP rights.

Now, our court has sim­pli­fied the pro­ce­dures for sub­mit­ting cases and the time it takes to de­liver ver­dicts, aim­ing to en­sure that lit­i­gants can sub­mit suits and re­ceive de­ci­sions more quickly.

More­over, we some­times hear sim­i­lar cases si­mul­ta­ne­ously and then pro­nounce judg­ment on them to­gether, which is a good way of con­serv­ing our re­sources.

Com­pared with other ju­di­cial of­fi­cials, IP judges should be al­lo­cated more time for re­search, be­cause the fast-de­vel­op­ing in­ter­net era re­quires us to learn about highly ad­vanced tech­nol­ogy and re­lated is­sues. If we don’t have that extra prepa­ra­tion time, we may be caught out.

My re­search and the ris­ing num­ber of cases mean that I am busy ev­ery day, but I en­joy it and would like to con­tinue wit­ness­ing the de­vel­op­ment of IP case hear­ings.

Newspapers in English

Newspapers from China

© PressReader. All rights reserved.