Third, use remote high-definition video transmission technology for remote cross-examination. For evidence that cannot be easily transported, the IP Court conducts remote cross-examination using remote high-definition video transmission technology. In the case of infringement of invention patent rights of Beijing Reci Laser Technology Co., Ltd. and Shanghai Rongdong Laser Technology Co., Ltd. (Appellants) v. Shanghai Jiading Malu Dongfang Laser Tube Factory (Respondent), the alleged infringing product was a fragile glass product, which could not be easily transported over a long distance. The IP Court communicated and collaborated with the court of first instance, i.e., Shanghai Intellectual Property Court, to remotely display and conduct remote cross-examination of evidence in real time.
Fourth, prepare overall plans for future informatization development work. The IP Court formulated the Three-year Development Plan for the Intelligent Construction of the IP Court (2019-2021), which clarified the goals and ideas of informatization development. The Plan proposed the concept of “one platform”, “two services”, “three scenarios”, “four connections”, and “five key projects”, to create an intelligent case handling system for the IP Court that is safe and controllable, supports comprehensive coverage, interconnection, cross-border integration, in-depth application, and is transparent and convenient. “One platform” refers to the IP Court’s electronic litigation platform, which provides a full range of intelligent services for judges, litigants, and the public. “Two services” refers to insisting on serving the people and serving the trial work. “Three scenarios” indicates that the results of informatization development are reflected in three scenarios: litigation service, the technology IP Court, and the big data analysis platform. “Four connections” refer to connecting the relevant lower courts, external units, parties, and the public. “Five key projects” include the adjudication rules database, the big data analysis platform, the external data interaction platform, the two-level collaboration platform & remote court hearing system, and the IP Court cloud.
3. Strengthen team building and enhance judicial capacity
Team building is the foundation and guarantee for stable and long-term development of the judiciary. Technology-related intellectual property case trials have the characteristics of professionalism, cutting-edge technology, and international scope. The judges must have a firm political position, exceptional professional capabilities, and be prudent and honest, to effectively improve judicial capacity and become the talent guarantee for improving the quality and effectiveness of trials.
The IP Court has 8 collegiate panels, a litigation service center, and a general office. The IP Court has totally 140 staff members, 42 of whom are judges, all of them possessing a master’s or above degree. Among them, 37.5% have doctoral degrees, 22.5% have a background in science and engineering, and 17.5% have overseas study experience. Some judges are selected from the Supreme People’s Court, most of the judges are seconded from local courts across the country that have mature experiences in patent trials, and three other judges are exchange judges from China National Intellectual Property Administration. After several rounds of selection, the IP Court’s trial team consists of elite judges, selected in a way like “screening an army on the battleground” across the country. The IP Court takes full advantage of its talents and has further strengthened team building while maintaining high standards and strict requirements, by utilizing multiple channels. It has strived to forge a trial team possessing a firm political position, with members who are upright and honest, proficient in the law, familiar with technology, possess knowledge of China’s national conditions, and have an international perspective.
First, strengthen political development and enhance team cohesion. Guided by the Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, the IP Court has enhanced the “Four Consciousnesses”, fostered the “Four Matters of Confidence”, and ensured “Two Upholds”, to insist on absolute leadership of the CPC over the people’s courts, to ensure that the Central Committee’s decisions and plans in the IP Court are carried out without compromise, and ensure the right political direction of the intellectual property trial work. The IP Court has implemented the general requirements for Party building in the new era, comprehensively improved the team’s quality and capabilities, chosen the right direction for the selection and employment of personnel, promoted righteousness and strived for excellence, and has fully mobilized the enthusiasm, initiative and creativity of all staff members, and encouraged the staff members of the IP Court to take on new roles and new actions in the new era and new environment.
