知识产权保护
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中国商业秘密保护研究报告(2014-2024)-四川明炬律师事务所
Sou Hu Cai Jing· 2025-07-11 01:41
Group 1 - The report outlines the trends and characteristics of civil, criminal, and administrative cases related to trade secret protection in China from 2014 to 2024, highlighting the need for improved legal frameworks and enforcement mechanisms [1][2][21] - Civil cases have shown a significant increase, peaking at 591 cases in 2019, while criminal cases have remained stable at an average of about 112 cases per year [1][2][19] - The majority of civil cases (over 80%) are related to trade secret infringement, with technical secret disputes being 1.7 times more prevalent than business secret disputes [1][2][28] Group 2 - The geographical distribution of cases is heavily concentrated in economically developed regions, with Guangdong, Shanghai, and Beijing accounting for 41.7% of civil cases [1][2][36] - The average trial duration for civil cases is 156 days, significantly longer than for ordinary civil cases, primarily due to the complexity of evidence [2][21] - The report indicates that the average compensation awarded in civil cases is 7.46 million yuan, but 66% of cases end in withdrawal, with statutory compensation being the norm [2][19] Group 3 - The report emphasizes the importance of strengthening preemptive measures for trade secret protection, such as improving confidentiality systems and signing non-compete agreements [2][21] - It suggests that companies should prioritize criminal reporting when evidence is sufficient, while civil litigation or administrative complaints can be pursued when evidence is lacking [2][21] - The report calls for collaboration among judicial, administrative, and corporate entities to enhance trade secret protection and proposes lowering the burden of proof and increasing compensation levels [2][21]
全省建成1200余个行业性专业性人民调解组织
Liao Ning Ri Bao· 2025-07-01 01:29
Group 1 - The establishment of six specialized mediation studios in Dandong City aims to enhance social governance by focusing on administrative disputes, elderly rights protection, and night market economic conflicts [1] - The province has built over 1,200 industry-specific mediation organizations covering more than 20 fields, including intellectual property, ecological protection, and finance, facilitating the resolution of 21,000 disputes from January to May this year [1] - Industry-specific mediation organizations can identify the root causes of conflicts based on industry characteristics and develop personalized mediation plans, as demonstrated by a case involving a company and a bank [1] Group 2 - The provincial judicial department has collaborated with various agencies to establish a diversified mediation mechanism, issuing guidelines to strengthen industry-specific mediation work [2] - In the field of intellectual property protection, the province has established 69 mediation organizations and trained 310 mediators, successfully resolving 365 intellectual property disputes in 2024 [2] - The joint work model of "mechanism co-construction and team co-cultivation" has been implemented to enhance the professional quality of mediators in the intellectual property sector [2]
浙江义乌累计为近1500家企业提供海外侵权纠纷指导
Zhong Guo Xin Wen Wang· 2025-06-09 14:52
Group 1 - The core viewpoint of the article highlights the efforts of the Yiwu Overseas Intellectual Property Dispute Response Guidance Center in assisting local businesses in managing overseas intellectual property infringement disputes [1][3] - As of now, the Yiwu center has provided guidance to nearly 1,500 enterprises, with over 100 receiving one-on-one support [1] - Yiwu, known as the "World Capital of Small Commodities," exports over 2.1 million types of products annually, making overseas intellectual property disputes inevitable [1] Group 2 - In September 2023, a local company discovered numerous infringements of its trademark and copyright on various overseas e-commerce platforms and subsequently filed a lawsuit [1] - Under the guidance of the Yiwu center, the company successfully gathered evidence and took legal actions against over 1,000 overseas infringing companies, resulting in compensation exceeding $400,000 by December 2024 [1] - The Yiwu center plans to continue enhancing its guidance work on overseas intellectual property disputes to help enterprises protect their legal rights [3] Group 3 - In recent years, Yiwu has increased its support for the creation, utilization, and protection of intellectual property, continuously promoting the integration of public service resources related to intellectual property [3] - By the end of 2024, the number of valid patents in Yiwu is expected to exceed 37,000 [3]
武汉长沙跨城协作新突破,著作权纠纷调解首案告捷
Di Yi Cai Jing· 2025-05-29 07:50
Core Viewpoint - The effectiveness of intellectual property protection in Wuhan continues to improve, highlighted by a successful cross-regional mediation between enterprises from Wuhan and Changsha, marking a significant achievement in collaborative dispute resolution [1][2]. Group 1: Mediation and Dispute Resolution - The cross-regional mediation was initiated under the guidance of the Jianghan District People's Court, resulting in a settlement between two companies involved in an art copyright dispute [1]. - The mediation utilized a "back-to-back" approach, where mediators communicated separately with both parties to reduce confrontational emotions and facilitate a resolution [2]. - The successful mediation demonstrates the advantages of cross-regional and cross-departmental collaboration in resolving intellectual property disputes, leading to reduced enforcement costs and increased efficiency [2]. Group 2: Intellectual Property Case Statistics - In 2024, Wuhan's courts resolved a total of 7,121 intellectual property cases, achieving a closure rate of 93.7% [2]. - The local prosecution approved the arrest of 39 individuals in 64 intellectual property-related cases, while the police registered 323 cases and solved 254, resulting in 613 criminal penalties [2]. - Wuhan Customs detained 14,865 suspected infringing goods, reflecting a year-on-year increase of 164.2% [2]. Group 3: Legislative and Administrative Measures - The introduction of the "Wuhan Commercial Secret Protection Collaborative Mechanism" aims to connect administrative enforcement with criminal justice, leading to the investigation of 6 cases of commercial secret infringement and recovering over 40 million yuan for enterprises [3]. - The regulatory framework has identified 10 entities as serious violators of intellectual property laws, enhancing accountability in the sector [3]. - The Wuhan Arbitration Commission accepted 126 intellectual property arbitration cases, with a total amount in dispute reaching 77.03 million yuan [3].
完善跨区域跨部门协同机制呼和浩特构建知识产权全链条保护网络
Nei Meng Gu Ri Bao· 2025-05-16 02:00
Group 1 - Intellectual property (IP) is identified as a core driver of innovation and a key element of new productive forces in Hohhot City, which is focusing on enhancing the entire chain of IP creation, utilization, protection, management, and services [1] - The city adheres to the principle of "strict protection, extensive protection, rapid protection, and unified protection," leading to a significant improvement in the efficiency of resolving IP infringement cases [1] - Various IP functional departments are collaborating through a "regional + resource" approach, establishing cross-departmental cooperation mechanisms such as the "Memorandum on Strengthening IP Protection Cooperation" and signing strategic cooperation agreements with six regions [1] Group 2 - Hohhot City has innovated a multi-faceted dispute resolution mechanism by establishing the "Zhixing Qingcheng" mediation studio, which operates in close proximity to the IP trial court to enhance mediation efficiency [2] - The city has organized events to promote IP legal knowledge and infringement remedies, including a public trial of a trademark infringement case, which involved over 40 representatives from businesses [2] - The collaboration between the judiciary and grassroots IP departments has led to the establishment of coordination meetings to advance IP protection [2] Group 3 - Hohhot's IP Protection Center has been approved as a national overseas IP dispute response guidance center, enhancing its overseas rights protection capabilities [3] - The center has developed a work plan for responding to overseas IP disputes and established information-sharing mechanisms among relevant departments such as customs and trade promotion [3] - Training sessions on strategies for handling overseas disputes have been organized to facilitate the protection of enterprises' foreign IP rights [3]
国家海外知识产权纠纷应对指导中心地方分中心落户中山
Nan Fang Ri Bao Wang Luo Ban· 2025-05-14 07:46
Core Points - The establishment of the fifth batch of overseas intellectual property dispute response guidance centers, including the Zhongshan Intellectual Property Protection Center, marks a significant achievement in Zhongshan's strategy to strengthen intellectual property protection [1] - Zhongshan's total import and export volume reached 284.06 billion in 2024, with a year-on-year growth of 10.3%, ranking fifth in the province [1] - The number of operating entities with import and export records in Zhongshan reached a new high of 6,855, reflecting a year-on-year increase of 23.9% [1] - The center aims to enhance its guidance services to help local businesses navigate increasing overseas intellectual property risks and challenges [1] Group 1 - The establishment of 28 local branches of the overseas intellectual property dispute response guidance centers is part of Zhongshan's ongoing efforts to improve its intellectual property protection system [1] - The center will provide faster responses, proactive services, and professional resources to support local businesses in their international ventures [1] - The center has successfully handled six overseas intellectual property dispute response assistance cases within two months, demonstrating its effectiveness in risk prevention and rights protection [2] Group 2 - The center plans to establish a resource-sharing, information reporting, coordination, and training mechanism tailored to Zhongshan's needs [2] - Future efforts will focus on collecting and reporting overseas intellectual property information and providing consultation and guidance for dispute responses [2] - The goal is to offer more efficient and convenient services for local businesses to mitigate overseas intellectual property risks and facilitate their international expansion [2]
河南新增3家海外知识产权纠纷应对指导地方分中心 护航河南企业“走出去”
He Nan Ri Bao· 2025-05-08 23:34
Group 1 - The National Intellectual Property Administration has announced the establishment of three new local intellectual property protection centers in Luoyang, Nanyang, and Zhoukou, increasing the total number of such centers in Henan Province to five, enhancing the overseas intellectual property dispute response system [1] - The new local centers aim to strengthen guidance for enterprises facing overseas intellectual property disputes and better serve regional economic development [1] - The centers will collaborate with the National Overseas Intellectual Property Dispute Response Center to build mechanisms for resource sharing, information reporting, coordination, and training, while also focusing on local industry characteristics to improve awareness and response capabilities regarding overseas intellectual property protection [1] Group 2 - The Provincial Intellectual Property Protection Center plans to focus on key industrial chain construction and deepen institutional openness, continuing to enhance organizational development and optimize the dispute response mechanism [2] - The goal is to create a comprehensive overseas intellectual property risk prevention network that covers the province and influences surrounding areas, supporting local enterprises in achieving stability and growth in overseas markets [2]
我市设立国家级海外知识产权纠纷应对指导地方分中心 护航企业“出海”有底气有保障
Zhen Jiang Ri Bao· 2025-05-08 00:15
Group 1 - The establishment of a national-level overseas intellectual property dispute response guidance local sub-center marks an upgrade in the city's intellectual property protection efforts, providing stronger support for enterprises going abroad [1] - The city's foreign-oriented economy has been advancing, with total import and export value reaching 25.41 billion yuan in the first quarter of this year, a year-on-year increase of 6.5%, breaking the 25 billion yuan mark for the first time [1] - The city’s intellectual property protection center has monitored and tracked over 80 cases of overseas intellectual property disputes involving local enterprises in 2023 [1] Group 2 - The intellectual property protection center collaborated with the overseas intellectual property dispute response guidance sub-center in Yangzhou to conduct online training, providing risk assessment and response strategies to affected enterprises [2] - The approval of the sub-center is recognized as a significant achievement in advancing the construction of a strong intellectual property city and aims to reduce the high costs and professional capability issues faced by enterprises in overseas rights protection [2] - The intellectual property department plans to engage with the municipal trade promotion association to guide exhibitors in self-checking their products and promotional materials to prevent overseas infringement disputes [2]
湖北构建知识产权全链条保护体系 去年查处1476件假冒商标案
Chang Jiang Shang Bao· 2025-04-22 00:24
知识产权是驱动创新、保障经济结构升级的核心制度供给,为高质量发展注入新质生产力动能。 日前,湖北省政府新闻办召开新闻发布会,介绍2024年湖北省知识产权保护有关情况,并回答记者提 问。 据介绍,2024年,湖北知识产权保护工作势头持续向好,成效不断显现,连续三年在国家知识产权保护 检查考核中获得优秀等次,知识产权行政保护工作绩效考核排名全国第五,全省创新基层知识产权保护 体制机制等一批"湖北探索"、"湖北经验"在全国推广,知识产权保护高地迈入新阶段,服务支点建设取 得新成绩。 为全面反映全省2024年知识产权保护情况,当天会上还发布了《2024年湖北省知识产权保护状况》白皮 书,总结了一年来的主要工作,并发布了法院、检察、公安、市场监管、版权、知识产权、海关等部门 知识产权保护10大典型案例,全面反映2024年湖北知识产权保护的总体状况。 多部门协同打造知识产权保护高地 2024年,湖北着力强化顶层设计,知识产权保护法制建设更加健全。首部知识产权综合性地方性法规 《湖北省知识产权促进和保护条例》的出台,有力促进提升全省知识产权保护工作法治化水平,加快形 成支持中国式现代化湖北实践的基础制度。目前,全省知识产权 ...