China News Service, Beijing, January 8 (Du Yan Xujing) The Beijing Municipal Court properly tried cases involving new transactions, new models, and new business formats in accordance with the law, strengthened the protection of data rights, digital property rights and personal information, and tried the country's first smart case in accordance with the law. New types of cases such as unfair competition with product voice commands and bitcoin "mining" contracts effectively play the role of trial work in stimulating innovation and regulating order.

　　Kou Fang, President of the Beijing Higher People's Court, said the above in his work report to the fifth session of the 15th Beijing Municipal People's Congress on the 8th.

Give full play to the role of trial work in stimulating innovation and standardizing order

　　Kou Fang said that the Beijing courts serve and protect the construction of an international science and technology innovation center and a benchmark city for the global digital economy in accordance with the law.

We deepened reform and innovation in the field of intellectual property adjudication, formulated the Guidelines for Evidence Rules in Intellectual Property Civil Litigation, strengthened judicial protection of intellectual property rights for key core technologies, increased the application of punitive damages, and concluded 76,530 intellectual property cases.

In recent years, the average amount of compensation awarded in patent cases in Beijing courts has increased from 420,000 yuan to 790,000 yuan, and the trial efficiency of invention patent cases in the first instance ranks first in the world.

　　The Beijing Municipal Court properly tried cases involving new transactions, new models, and new business formats, strengthened the protection of data rights, digital property rights, and personal information, and tried the country's first smart product voice commands for unfair competition and invalid Bitcoin "mining" contracts. Cases and other new types of cases, and effectively play the role of trial work to stimulate innovation and standardize order.

Strengthen anti-monopoly and anti-unfair competition trials, try "choose one" monopoly cases involving platform companies in accordance with the law, protect the legitimate rights and interests of platform employees and consumers, and prevent the disorderly expansion of capital.

　　Taking the country's first smart product voice command dispute as an example, the Du Yaya learning machine produced and sold by Beijing Zile Technology Co., Ltd. prominently uses "Xiaodu" to refer to its products, and uses "xiaodu xiaodu" voice commands to wake up and operate.

Baidu Online Network Technology (Beijing) Co., Ltd. sued Zile Company and its product seller Beijing Jingwei Zhicheng E-Commerce Co., Ltd. to the court, asking the two defendants to stop the conduct involved in the case, and requiring Zile Company to eliminate the impact, compensate for economic losses and reasonably Expenses of 3 million yuan.

　　The People's Court of Haidian District, Beijing held that, combined with the popularity and influence of "Xiaodu" and "Xiaodu xiaodu", Xiaodu smart speakers and Du Yaya learning machines are similar products in terms of functions, audiences, sales channels, etc. , Zile Company's accused behavior is subjectively malicious, and objectively, it is easy for the relevant public to mistakenly believe that Du Yaya Learning Machine and Baidu's Xiaodu Smart Speaker and related services may have product development, technical support, and authorization cooperation. specific connections, etc., leading to confusion.

Accordingly, the first instance judged Zile Company to eliminate the impact of its unfair competition behavior and compensate Baidu Online Company for economic losses of 500,000 yuan and reasonable expenses of 50,000 yuan.

Efficiently resolve foreign-related commercial disputes and promote a higher level of opening to the outside world

　　Kou Fang said that the courts of Beijing serve the protection of Beijing's "two districts" in accordance with the law.

The Beijing Financial Court has been built with a high starting point and high standards, actively promoted the innovation of financial trial systems and mechanisms, and jointly established a “smoke index” for financial judicial risk early warning with relevant financial regulatory agencies, and concluded 179 cases with a target value exceeding 100 million yuan.

Actively strive for the Supreme Court to formulate opinions on providing judicial service guarantees for the construction of Beijing's "two districts", and promote the orderly implementation of 23 tasks.

　　According to reports, after the establishment of the Beijing Financial Court, it will strengthen communication and cooperation with relevant financial regulatory agencies, and initially realize the connection and sharing of the Beijing smoke index monitoring system and the trial system. Risk reminders are given to judges who undertake cases at each stage.

　　In addition, Beijing established the International Commercial Court on December 28, 2021, which is conducive to meeting the diversified needs for the resolution of international commercial disputes, efficiently resolving foreign-related commercial disputes, creating a market-oriented, legalized, and international business environment, and providing better service guarantees. Building and promoting a higher level of opening to the outside world in Beijing as an international exchange center.

Established a one-stop multi-dispute resolution center for international commercial disputes and global resorts, launched the first integrated platform for multi-dispute resolution of financial cases in China, used blockchain technology to store 40,000 certificates online, and successfully mediated 6,315 cases, which were approved by the Ministry of Commerce. Selected as the "Best Practice Case of the Comprehensive Demonstration Zone for Expanding and Opening up of the National Service Industry".

　　Among them, the One-Stop Multi-Dispute Resolution Center of Universal Beijing Resort mainly deals with personal injury and property damage compensation disputes between tourists in the resort, contractual disputes between tourists and related businesses, companies and enterprises, as well as disputes arising in the resort. For other disputes in the district that are suitable for mediation by the Dispute Resolution Center, it provides one-stop judicial services such as legal risk assessment, pre-litigation mediation, judicial confirmation, case filing and registration, material transfer, inquiry and consultation, and contacting judges.

　　Kou Fang said that Beijing provides services in accordance with the law and optimizes the business environment.

We strengthened judicial protection of property rights, maintained a fair, transparent and predictable market order in accordance with the law, concluded 155,852 commercial cases, and 3 cases were selected by the Supreme Court as “Typical Civil and Commercial Cases for Promoting the High-quality Development of the Private Economy”.

Strengthen the linkage between the bankruptcy government and the court, and give play to the important role of bankruptcy trials in improving the rescue and exit mechanism of market entities.

　　The Beijing Municipal Procuratorate also strengthened the awareness that protecting intellectual property rights is the protection of innovation, promoted the centralized and unified performance of intellectual property procuratorial functions, prosecuted 240 people for intellectual property infringement crimes, and handled 232 related civil and administrative procuratorial supervision cases.

To meet the needs of the main platform construction of "Three Cities and One District", global theme parks, and time-honored enterprises' intellectual property protection needs, establish a collaborative protection mechanism and a procuratorial liaison office, and integrate into the entire chain of protection.

　　In 2022, Beijing courts will continue to strengthen intellectual property trials, strengthen anti-monopoly and anti-unfair competition justice, and better play the role of judicial services in ensuring the high-quality development of the capital.

The Beijing Municipal Procuratorate will continue to deepen the supply-side structural reform, and promote the adaptation of the procuratorial supply system to the high-quality development needs of the capital, so as to promote the comprehensive, coordinated and full development of the four major procuratorates, and to drive and promote the systematic reshaping of procuratorial forces.

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