最高人民法院知识产权法庭年度报告(2019)(21)
Second, strengthen professional capabilities and enhance the team’s ability to perform duties. Based on active thinking, fast knowledge update, and high degree of internationalization in the field of intellectual property, the IP Court has actively created conditions to specifically strengthen the trainings in intellectual property and foreign language to enhance the team’s ability to perform its duties. Over the past year, two national trial practice training courses were held to provide in-depth explanation of the judicial policy and adjudication rules and promote harmonization in thoughts and coordination in pace among the IP courts and tribunals across the country. The IP Court also held multi-level professional trainings, built high-quality standardized learning platforms such as the “The New Knowledge Lecture Hall” and “The IP Court Forum,” to invite well-known experts and scholars from across the country to give lectures to the IP Court, and broadcast live to the local courts, to improve the trial team’s professional quality. It established a foreign language working group, carried out daily online and offline foreign language training, and translated foreign court decisions and academic papers on frontier issues. The IP Court has given full play to the pioneering role of its national trial experts, who as the trendsetters can thus be followed by the other staff members of the IP Court, and is striving to become an education base for the IP courts and tribunals across the country to forge the professional technical trial team of Chinese courts.
Third, strengthen integrity and forge a team with excellent work style. On the one hand, based on the actual trial work, the IP Court has managed to explore and establish the Party building work method of “full online and offline coverage, and round-the-clock education and management” with the help of new media. By utilizing interactive online micro-platforms for information dissemination on different themes such as “House of Party Members”, “Learning, Thinking, Practicing and Comprehending”, “Do You Know?”, and offline learning & education platforms such as the “Party Building” promotion gallery, and based on multichannel coverage approach, youthfulness, and interactivity, the IP Court has successfully built a Party building learning platform. It has made the learning content close to the actual work, utilized interactive Q&A and mutual teaching and sharing methods to evaluate the learning result, and has created a well-accepted Party building brand that was listed among the “One Hundred Excellent Cases” at the 2nd Party Building Innovation Achievement Selection Activity organized by Flag of the State Organs Work Committee of CPC Central Committee. On the other hand, it has established the “1 + N” system with the Opinions of the IP Court on Strict Governance of the IP Court to Prevent Risks, as the guiding principle, and established more than 50 regulations. The IP Court adopts innovative forms, such as sending “Intellectual Property Letters to Homes of All Staff Members”, to enhance the execution and binding power of the aforesaid regulations and promote the formation of a clean and honest governance ecosystem.
Ⅲ. Promote judicial openness and carry out international exchanges to further promote judicial trustworthiness and international influence
Against the background of comprehensively building a society governed by law and advancing the modernization of the judicial system and judicial capacity, society has extremely high requirements for judicial openness in terms of both the breadth and depth. The establishment of the IP Court has attracted the attention of the society and the world. It needs to uphold a high degree of consciousness and a noble sense of mission, to actively promote judicial openness and participate in international exchanges, so that the IP Court’s system and practices in judicial protection of technology-related intellectual property can be comprehensively and objectively understood both home and abroad.
1. Deepen judicial openness and enhance judicial trustworthiness
Focusing on the goal “to make people feel fairness and justice in every judicial case”, the IP Court takes judicial openness as the core and judicial publicity as the primary measure, to constantly enhance the transparency of judicial information, and promote improvement of judicial trustworthiness.
With judicial openness as the core, trial information is fully disclosed in accordance with the law. The IP Court utilizes four public platforms built by the Supreme People’s Court, i.e. the China Judicial Process Information Online, tingshen.court.gov.cn, China Judgments Online, and zxgk.court.gov.cn, to realize the full openness of the trial process. In terms of openness of court hearings, the IP Court adheres to the principles of openness and live broadcasting, and considers non-openness as an exception to the rule. Live court hearings can be viewed online in real time, and people can also log in to the tingshen.court.gov.cn website to view the court hearing videos after the court session. Major cases are tried with openness through whole process in order to promote justice with such openness. In terms of the openness of judgments, the IP Court promptly publishes judgments that should be disclosed according to law on China Judgments Online, and regularly counts and reports the status of documents that it has published online. As an effort to boost the public’s awareness of the IP Court’s adjudicative work, all of the adjudicative documents (either written judgments or decisions) as rendered by the IP Court contain the main points of such judgments or decisions, and concisely explain the legal issues involved in the case, plus the opinions and results of the adjudications, so that the relevant parties and the public can clearly understand the results and the basis of the judgments. By doing so, the IP Court gives a clear and rational interpretation of the law, enabling justice to be seen and explained clearly, and highlights judicial civilization and justice.
