1. 38 Departments Jointly Punish Dishonest Acts in Intellectual Property Field
Recently, the National Development and Reform Commission and other 37 departments and entities jointly issued the Memorandum of Cooperation in Jointly Punishing Seriously Dishonest Parties in Intellectual Property (Patent) Field.
According to the Memorandum, the subjects of the joint punishment are the participants committing seriously dishonest acts in the field of intellectual property (patent). The seriously dishonest behaviors in intellectual property (patent) field include six circumstances: repeated patent infringement, failure to legally execute administrative decisions, serious violations in the patent agency, affiliation of a patent agent qualification certificate, abnormal patent applications, and provision of fake documents.
The aforementioned activities will be subject to 33 kinds of cross-department joint punitive measures, including restricting relevant liable persons from being recruited (employed) as civil servants or staff members of public institutions; restricting them from purchasing real estates or engaging in the transactions of state-owned property rights; and restricting them from travelling, taking vacation and conducting other consumption behaviors not necessary for life or work within a certain scope.
2.Three-Year Action Plan for Promoting the Integrated Development of Large Enterprises and SMEs Issued
Lately, the Ministry of Industry and Information Technology, the National Development and Reform Commission, the Ministry of Finance and the State-Owned Assets Supervision and Administration Commission jointly issued the Three-Year Action Plan for Promoting the Integrated Development of Large Enterprises and Small and Medium-Sized Enterprises.
According to the Action Plan, in three years, a number of integrated development models will be summarized and promoted to lead the integrated development of manufacturing industry to a new level; not less than 50 physical parks are expected to be supported in creating the platforms featuring the integrated development of large enterprises and small and medium -sized enterprises (SMEs); a batch of pilot programs and demonstration projects under the “entrepreneurship-innovation” platforms for the manufacturing industry will be cultivated by centering on the fields with factor aggregation, capacity openness, model innovation and regional cooperation; a system featuring three functions, i.e. network, platform and security, for industrial Internet will be constructed; and 600 specialized, elite, particular and high-tech "Little Giant" enterprises and a group of enterprises leading the manufacturing field will be fostered. By 2021, a new pattern of the integrated development will have been formed where large enterprises will lead the development of the SMEs, while the SMEs will energize large enterprises.
There are some highlights in the Action Plan as follows: leading the direction of the integrated development by deepening the integrated model based on the supply chain coordination, promoting the integrated model based on the innovation capability sharing, generalizing the data-driven integrated model, and creating the integrated model based on the industrial ecosystem; enhancing the integrated development capability of enterprises; providing vigorous support in the construction of the platforms; and improving the environment for integrated development.
3.SPC Ensures the Timely Remedy for the Infringement upon Intellectual Property Rights
On December 13, 2018, the Supreme People’s Court (SPC) issued the Provisions on Several Issues Concerning the Application of Law in Examining Cases Involving Act Preservation in Intellectual Property Disputes, effective as of January 1, 2019.
The Provisions mainly cover four aspects of contents. The first is the procedural rules, including the applicant, court having jurisdiction, matters as indicated in the application form, examination procedures, reconsideration, and execution of act preservation measures, among others. The second is the substantive rules, covering the factors to be taken into account in determining the necessity of act preservation, the guarantee, the validity period of the act preservation measures and so on. The third is about the identification of and compensation lawsuit filed against the wrong applications for act preservation, the removal of act preservation measures, etc. The fourth is about how to handle applications concurrently filed for preservation in different forms, the connection with the previous judicial interpretation and other issues.
4.CSRC to Carry out the Unified Law Enforcement in Two Bond Markets
On December 3, 2018, the People’s Bank of China, the China Securities Regulatory Commission (CSRC), and the National Development and Reform Commission jointly issued the Opinions on Further Strengthening the Law Enforcement in the Bond Markets, which makes it clear that the CSRC will carry out the law enforcement activities in a unified manner to crack down on illegal acts arising in interbank bond markets and stock exchange bond markets according to the law.
The Opinions clarify three aspects: firstly, strengthening the supervision of law enforcement and establishing a unified law enforcement mechanism for the bond market; secondly, enhancing the law enforcement guarantee and promoting the smooth progress of the unified law enforcement work; thirdly, heightening the coordination and cooperation and establishing a working mechanism with close cooperation.
5. Implementation Opinions on Judicial Accountability System Issued
On December 5, 2018, the Supreme People’s Court (SPC) issued the Implementation Opinions on Further and Overall Implementation of the Judicial Accountability System.
With a total of 23 articles in 4 parts, the Opinions provide for the new mechanism of operation of judicial power, the trial supervision and management mechanism and disciplinary system, and supporting reform measures for the judicial accountability system, among others.
According to the Opinions, the overall implementation of the judicial accountability system should adhere to the unity of objectives-based and problems-based regulation. The people's courts at all levels should make great efforts to solve the prominent problems arising out of the judicial accountability system reform, and improve the operating system of judicial power; earnestly strengthen the political construction and improve the Party and Youth League organizations of trial and enforcement teams; fully respect the dominant role of legal trial organizations in handling cases; and ameliorate the case assignment system and improve rules of a professional judge meeting and a judicial committee.
The Opinions call for the perfection of the new supervisory and administrative mechanism and disciplinary rules, the improvement in informatization of the trial supervision management mechanism throughout the whole process, and strict implementation of the accountability system for illegal trials, the perfection of the overall arrangement and deployment mechanism for the judge appointment quota and the size of staffing of judicial ities at the provincial level, and implementation of the level-by-level competitive selection system of judges, and enhancement in the equipment and training of judge assistants and clerks, and improvement in the performance assessment system of judicial personnel.