Deputies of NPC and CPPCC said： Punishing malicious lawsuits of intellectual property rights boosts the confidence of enterprises in development.

The words "copyright cockroach", "patent attack" and "malicious registration and hoarding of trademarks" mainly refer to some people who abuse their rights to maliciously or falsely file intellectual property lawsuits. According to the data disclosed by the Supreme People’s Court, the number of first-instance cases of disputes over liability for damages caused by malicious intellectual property litigation accepted by national courts increased from 74 in 2022 to 152 in 2023, an increase of 105.41%.

Pan Yue, deputy to the National People’s Congress

"The malicious litigation of intellectual property rights will not only lead to the products of the injured enterprises being taken off the shelves, unsalable or unable to be listed, but also indirectly affect the market position of these enterprises." Pan Yue, a deputy to the National People’s Congress, a professor in the Department of Finance of Xiamen University School of Economics and a doctoral supervisor, is very concerned about malicious lawsuits in the field of intellectual property rights. She told reporters that if some malicious lawsuits are not found and handled in time, they may lead to follow suit, seriously undermining the market economic order and damaging social integrity.

Ma Yide, deputy to the National People’s Congress

"In the past few years, due to changes in the international environment and the impact of the epidemic, the vast number of private enterprises, especially small and medium-sized private enterprises, have encountered many difficulties, and some abuses of intellectual property rights have made honest operators worse. At present, it is urgent to strengthen the accuracy and effectiveness of intellectual property protection, regulate the abuse of intellectual property rights, help enterprises solve problems and tide over difficulties, and boost market confidence. " Ma Yide, deputy to the National People’s Congress and dean of the School of Intellectual Property of the Chinese Academy of Sciences, believes.

It is understood that since July 2022, the Supreme People’s Procuratorate has deployed a one-and-a-half-year special supervision work to punish malicious intellectual property litigation according to law, requiring local procuratorial organs to fully perform their legal supervision duties in criminal, civil, administrative and public interest litigation of intellectual property rights, and to supervise mass rights protection, abuse of rights and false litigation.

Jiang Yuanxun, NPC deputy.

"I noticed that the procuratorial organs handled a series of cases during the special supervision work. For example, the procuratorial organs in Fujian Province issued procuratorial suggestions to the market supervision and management departments on the illegal acts of malicious registered trademarks found in the performance of their duties, urging them to impose administrative penalties on the perpetrators of malicious registered trademarks. The handling of such cases has boosted the confidence of our enterprises in building brands, and the entrepreneurial spirit of the officers is also more sufficient. " Jiang Yuanxun, deputy to the National People’s Congress and founder of the Tongshan Small Black Tea Professional Cooperative in Wuyishan City, Fujian Province, told the reporter.

Report to the 20th CPC National Congress of the Party pointed out that the legal protection of intellectual property rights should be strengthened to form a basic system to support all-round innovation. Under the background of the country’s unswerving protection of intellectual property rights and efforts to create a business environment ruled by law, how can procuratorial organs continue to exert their efforts in cracking down on malicious litigation of intellectual property rights?

Deputy Ma Yide told the reporter that it is difficult to find the supervision points in some malicious litigation cases only through case analysis and judgment. The procuratorial organs should innovate the means of performing their duties, conduct centralized analysis of similar cases through the big data legal supervision model, and find the abnormal points of cases, so as to promote the source governance and system governance by case supervision.

"It is suggested that procuratorial organs strengthen communication and cooperation with public security organs, courts and intellectual property management departments, realize information sharing, and form a joint force to crack down on malicious intellectual property litigation. At the same time, increase the publicity of case interpretation and the rule of law, and guide enterprises to abide by the law. " Deputy Pan Yue said.

"I hope that the procuratorial organs will severely crack down on intellectual property malicious litigation cases with major and complicated cases and great social impact, forming an effective shock. At the same time, establish inspection and enterprise contact points in some industrial parks or key industries, provide legal advice for enterprises, and help enterprises to weave a strong intellectual property protection network. " The representative of Jiang Yuanxun added.

Original title: "The National People’s Congress | Deputies said: Punishing malicious lawsuits of intellectual property rights to boost confidence in enterprise development"

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