最高人民法院知识产权法庭年度报告（2019）(24)

　　Second, promote various special investigations and studies. Numerous cases from various regions and technical fields across the country are high-quality resources for investigation. Keeping in mind the trial team, the IP Court considers the needs of trial work and the research interests of the judges, and has established several research groups for strategic areas and key issues such as patent law revision, anti-monopoly, technical secrets, integrated circuit layout design, 5G technology, new plant varieties, etc. to conduct special research. Nine research results have been formed, including the Legislative Proposal on Drug Patent Linkage System, Analysis Report on the Judgments of Cases of New Plant Variety Rights, Empirical Research on Trial Period of Patent Infringement and ‘Loop Suit’ in Patent Invalidity Litigation.” In the fourth revision of the Patent Law, the Recommendations on Reforming and Perfecting the Legislation of Patent Invalidation Procedures were submitted to the Legislative Affairs Commission of the Standing Committee to the National People’s Congress. The IP Court also communicated and cooperated with the Guangzhou Intellectual Property Court to conduct research on issues such as SEPs so as to study trial rules that are compatible with industry development.

　　Third, the research on new plant varieties has achieved gratifying results. The IP Court was rated as the National Advanced Group for the Protection of New Varieties of Agricultural Plants in 2019 by the Ministry of Agriculture and Rural Affairs. In order to improve the independent innovation capability of China’s seed industry and provide judicial guarantee for the development of the seed industry and national food security, the IP Court has carried out several investigations based on handling of new plant varieties cases. It sorted out cases over new plant varieties heard by the courts throughout the country over the past decade, and formed a ten-year review of the judgments by Chinese courts on new plant varieties. It carried out a joint research on the protection of new plant varieties with the Ministry of Agriculture and Rural Affairs by conducting on-the-spot investigations in Hunan and Hainan provinces, and provided suggestions for the development of Hunan Seed Industry Silicon Valley, Hainan Free Trade Pilot Zone, and Free Trade Port. Based on the agriculture conditions, seed conditions, and current situations of rights protection found by the survey, the IP Court drafted a special investigation report on the judicial protection of new plant varieties, involving issues of expanding the scope of protection of variety rights and the urgency of protecting substantial derived varieties.

　　2. Promote development of a protection community and establish a joint protection force

　　First, strengthen communication and cooperation with the administrative departments to establish a joint force for judicial and administrative protection of technology-related intellectual properties. Since its establishment, the IP Court has actively communicated and cooperated with China National Intellectual Property Administration, the Ministry of Agriculture and Rural Affairs, the anti-monopoly law-enforcing departments of the State Council, etc. to promote multi-party synergy, and actively serve and guarantee an innovation-driven development strategy. Strengthen cooperation with China National Intellectual Property Administration. The two parties basically agreed on electronic services, remote exchange of evidence, data sharing and other works, and determined the data exchange method. In order to ensure that the data provided by each party can be exchanged stably and quickly, the two sides will further study the special line connection scheme for exchanging data. Strengthen cooperation with the Ministry of Agriculture and Rural Affairs. The IP Court and the Ministry of Agriculture and Rural Affairs carried out joint research on the protection of new plant varieties. At the invitation of the Ministry of Agriculture and Rural Affairs, the IP Court participated in a seminar on the protection of new varieties of agricultural plants, a seminar on the revision of Regulations on the Protection of New Varieties of Plants, and the top ten typical cases review session for the protection of new varieties of agricultural plants. The IP Court also invited experts from the Ministry of Agriculture and Rural Affairs to give lectures on the protection of new plant varieties. The two sides conducted extensive studies on how to establish a long-term mechanism for communication and cooperation to jointly protect national food security. Strengthen cooperation with the anti-monopoly law-enforcing departments of the State Council. With respect to formulating regulations on prohibiting monopoly agreements and anti-monopoly enforcement, the IP Court is actively providing suggestions and views on amendments to State Administration for Market Regulation. The IP Court’s judges are invited as members of the expert advisory group of the Anti-Monopoly Committee of the State Council, and regularly participate in China Competition Policy Forum, Big Data and Antitrust Conferences and so on, to provide advisory opinions on antitrust competition policies and other legal issues.