On May 10th, the collaborative scheduling training course for patent law enforcement and rights protection in the field of e-commerce in China opened in Hangzhou. More than 30 patent law enforcement and rights protection personnel from six provincial intellectual property bureaus, including Liaoning, Jiangsu, Shandong, Anhui, Henan, and Zhejiang, participated in the first batch of training.
For a long time, the trans provincial crackdown on patent infringement in e-commerce has been a “long-standing problem” for law enforcement agencies. At the training meeting, Yan Mingchao, Director of the Patent Protection Department of the Provincial Intellectual Property Office, shared the relevant experience of patent protection in the e-commerce field in Zhejiang in recent years. He said that Zhejiang Intellectual Property Office took the lead nationwide, signed a memorandum of cooperation on intellectual property protection with Alibaba Group, joined hands to crack down on patent infringement in the e-commerce field, and explored and improved the protection system of intellectual property rights in the e-commerce field. At the same time, the “Guiding Opinions on Patent Protection in the Field of E-commerce in Zhejiang Province (Trial)” and the revision of the “Patent Regulations in Zhejiang Province” were first introduced in the national intellectual property system, achieving significant results. In 2015, Zhejiang Intellectual Property Office received and settled 64417 online complaints of patent infringement in the e-commerce field, closed 38885 infringing online stores or disconnected the links of infringing goods after identifying infringement, and carried out listing supervision on two e-commerce infringement cases with great impact, effectively cracking down on patent infringement in the e-commerce field\
“The reason why Zhejiang has achieved this success is inseparable from the innovation of case handling mechanism and the optimization of case handling process.” Wang Zhichao, deputy director of the Law Enforcement Management Division of the Patent Management Department of the China National Intellectual Property Administration, commented that, I hope that Zhejiang Province can better leverage the location and experience advantages of patent law enforcement in the e-commerce field, operate the China E-commerce Patent Law Enforcement and Rights Protection Collaborative Dispatch (Zhejiang) Center in an orderly and efficient manner, and promote the healthy and orderly development of the e-commerce industry
Since the China National Intellectual Property Administration awarded our province the “China E-commerce Patent Law Enforcement and Rights Protection Cooperation Dispatching (Zhejiang) Center” in January this year, in March this year, 15 provinces (autonomous regions, municipalities directly under the Central Government) including Liaoning, Jiangsu, Shandong, and five cities including Shijiazhuang jointly signed the Memorandum of the Coordination Meeting on the Operation of the Patent Law Enforcement and Rights Protection Cooperation Debugging Mechanism in the E-commerce Field of the Intellectual Property System with our province, To establish collaboration in the transfer and execution of online cases, as well as the connection between online and offline cases. The 20 provinces and cities that signed the memorandum will participate in rotation training in four batches, each lasting 15 days. It mainly focuses on the patent law, judicial interpretation related to the patent of the Supreme Court, the basis of infringement determination, the general situation of e-commerce field determination, the basis of e-commerce field determination, and the study of converting into administrative cases. At the same time, the Provincial Intellectual Property Office has released the operating procedures (trial) for the dispatch and handling of cases in the E-commerce Patent Law Enforcement Dispatch Center, unifying and standardizing the case handling process, review standards, and deadline, exploring the establishment of regular consultations, guidance for difficult cases, major case notifications, case quality assurance, and case statistics.Open mechanisms to improve the standardization level of patent law enforcement and rights protection cooperation in the e-commerce field, effectively solve problems such as cross provincial law enforcement of e-commerce patent infringement, and lay a solid foundation for comprehensively launching patent law enforcement and rights protection cooperation in the e-commerce field, and establish a long-term mechanism for patent law enforcement and rights protection cooperation in the e-commerce field.
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