SIPC Judges Watched the First Trial of the Supreme Court’s Intellectual Property Tribunal

On the morning of March 27, judges and assistant judges of Shanghai Intellectual Property Court (SIPC) watched the first open hearing of the IP Tribunal of the Supreme Court on tingshen.court.gov.cn. The case is an appeal over infringement of invention patent. The appellants are Xiamen Lucas Auto Parts Co., Ltd. and Xiamen Fuke Auto Parts Co., Ltd., the respondent isValeo Systèmes d’Essuyage, and the defendant of the original case is Chen Shaoqiang. This case is the first case in first-instance trial for which SIPC made an advance judgment based on the facts found, and also the first case in which the parties appealed against part of the judgment of the first instance trial. The appeal was presided over by Luo Dongchuan, Vice President of the Supreme Court, Chief of the IP Tribunal and Grand Justice of the Second Rank. After deliberation of the collegiate bench, the facts of infringement were affirmed and thus the appeal wasdismissed. After watching the hearing, the judges and assistant judges of SIPC said that the trial is efficient and transparent, especially that it solved the relationship between the partial judgment system and the temporary injunction system in ordering cessation of infringement. The rules of adjudication applied and the thinking reflected can serve as a significant guide to the trial of similar cases. Through the use of the advance judgement mechanism, the court helps the plaintiff to stop timely the infringement and safeguards the legitimate rights and interests of the right holder, and also lays a solid foundation for the follow-up trial of the case. The trial process is filled with the application of high technology, which inspires the construction of high-tech courts and intelligent trial.

 

 

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