The hottest voice of justice UAV intellectual prop

Voice of Justice: UAV intellectual property protection needs judicial escort

original title: UAV intellectual property protection needs judicial escort

although the intellectual property issues involved in the UAV industry do not show a trend of large-scale prosecution, they still have some novel characteristics. We should strengthen research on such cases, strengthen the comprehensive protection of intellectual property rights from the aspects of legislative direction, legislative model, industrial guidance, export control, enterprise self-protection, etc., and more effectively promote the healthy and orderly development of the UAV industry

UAV industry has a very broad prospect in China. Although the intellectual property issues involved in the UAV industry are only the budding cases in China's judicial practice and do not show the trend of large-scale prosecution, they still have some novel characteristics. We should strengthen research on such cases, and strengthen the comprehensive protection of intellectual property rights from the aspects of legislative direction, legislative model, industrial guidance, export control, enterprise self-protection, etc., so as to more effectively promote the healthy and orderly development of the UAV industry

UAV is the abbreviation of pilotless aircraft, which is an unmanned aircraft operated by radio remote control equipment and self-contained program control device. Due to the characteristics of high-tech and a wide range of application fields, UAV industry has a very broad development and application prospects in China. With the development of UAV technology and the rapid expansion of the market, various problems caused by this are also showing an increasing trend. What the society and the media pay attention to is a series of problems caused by "black flight", such as violating aviation safety, disturbing social order, and infringing on others' privacy. Although the focus of social attention is "black flight", it is also necessary to constantly learn from foreign experience to improve relevant legal provisions and law enforcement models. However, "black flying" mainly involves administrative laws and regulations, while for the development of UAV industry, intellectual property protection is more important and has a longer-term impact. At present, in the field of intellectual property rights, disputes involving the UAV industry are also showing a gradual upward trend. Although the number is relatively small, it is still the main feature of this field. There are up to 150 inquiry records and relevant cases logged in Chinese referee documents and queried by using drones as keywords. According to the query results, drone related cases can be divided into two categories: cases related to intellectual property or cases purely related to intellectual property disputes

UAV industry is a technology intensive industry, and intellectual property protection is particularly important for the survival and development of enterprises. UAV related cases can be divided into two categories: cases related to intellectual property or cases purely related to intellectual property disputes. From the perspective of judicial practice, although the UAV intellectual property disputes have an increasing trend, the overall situation is relatively flat and does not show the trend of large-scale prosecution. Most of the current litigation cases are exploratory prosecutions. The UAV industry has not yet developed to the stage where practitioners need to compete for patents on a large scale to balance rivals, achieve breakthroughs and develop. UAV itself is a technology intensive product, and it is also richer in the technical points involved and the points that are easy to trigger intellectual property disputes

the UAV industry is still new, and there is a very broad space for expansion in both technology and market, which is the same development opportunity for every enterprise. With the diversified development of UAV commercial applications, enterprises should consider how to use UAV technology to enhance business operations and formulate patent strategies. From the offensive level, the patent holder of UAV can sue the competitors who infringe their patents and cause losses, and seek the injunction to stop the infringement at the same time. From the perspective of defense, UAV patent application can form the defense scope of existing technology, thus preventing other competitors from obtaining patents. In addition, applying for a patent can also enhance the company's reputation and help the company show its business value to the public and potential investors

from the perspective of judicial strategies for UAV intellectual property protection, the author puts forward the following suggestions

first, in the direction of legislation, while limiting the fight against "black flying", we should focus on guiding and protecting the development of the UAV industry. The development of UAV industry is closely related to high-tech technology. In the future, endurance, control, shooting and intelligence will become the core technical competition of UAV industry. At present, the disorder of market competition and the lack of intellectual property protection have restricted the benign development of the entire UAV industry, and even a vicious circle of bad money driving out good money has appeared. It can be seen that for the healthy development of the UAV industry, legislation urgently needs to be filled in time

second, in terms of legislative mode, laws and regulations on the property protection of UAV intellectual structure characteristics should be formulated. Although there are many relevant regulations on the development of unmanned aerial vehicles in China, most of them are departmental regulations. Therefore, it is necessary to speed up the pace of legislation, sort out, revise and integrate the existing intellectual property laws and regulations related to the development of UAV industry, and on this basis, formulate a forward-looking and systematic UAV intellectual property protection law to protect and promote the production of UAVs. Such processes are non-woven glass fiber sheets for both sides The healthy development of the glass fiber composite industry with a layer of corrugated paper (honeycomb structure) sandwiched in the middle to make a piece of 3 Meiji sandwich plate, standardizes the production, sales, use and other related fields of unmanned aerial vehicles. The UAV intellectual property protection law should be consistent with the country's overall innovation strategy, promote the development of UAV industry, improve the country's independent innovation ability, drive the development of UAV upstream and downstream industries, and promote regional economic transformation and upgrading

the third is to introduce local government industrial norms and guidelines, and strengthen the guidance of UAV regulation and anti-aircraft technology through the support and protection of intellectual property industrial policies. In the future, the supervision of unmanned aerial vehicles will develop in the direction of electronic fence technology and unmanned aerial vehicle cloud. The technology of electronic formation and cooperation fence is to set a no fly zone in advance in the flight control system of UAV, which requires the unification of the no fly range of enterprises and officials. The local government leading in the development of UAV industry should pay more attention to and invest in anti UAV technology and safe operation of UAV through the release of local UAV industry guidance policies, and use funds, favorable policies and other means to promote the development, testing and deployment of relevant technologies related to the safety performance of UAV, so as to better promote the development of local UAV industry

fourth, pay attention to the internationalization of the development of the UAV industry, pay attention to the integration with the intellectual property laws of the UAV industry and supervision abroad, and actively participate in the formulation of international rules, manufacturing standards, operation standards and supervision standards related to the development of the UAV industry that have a significant impact on China's interests. On the basis of following international practices, China should expand the export of UAV products and technologies, strengthen the protection of intellectual property rights, and adhere to independent innovation to promote the healthy development of China's UAV industry. For the part where China has advantages in technology, the development of relevant industries can be protected by means of export control, purchase restriction, investment review, etc. For example, the Ministry of Commerce and the General Administration of Customs Announcement No. 31 of 2015 on strengthening the export control of some dual-use items, in order to maintain national security, decided to implement export control on some unmanned aerial vehicles and high-performance computers from August 15, 2015. At the same time, with the power of think tanks, for countries and regions with rapid development of UAV industry, such as the United States, the European Union, Japan, Singapore, etc., we should timely increase the research on their intellectual property policies and regulations, and timely put forward legislative suggestions, so as to maintain China's progressiveness in UAV intellectual property legislation

fifth, improve the self-protection strategy of intellectual property rights of UAV enterprises. UAV enterprises should formulate complete intellectual property protection strategies in time. As early as 2013, China promulgated the gb/t "enterprise intellectual property management specification", which draws on the idea of ISO9001. Through the cooperation of senior executives, human resources administration, basic resources, finance, information resources and contract management, it implements standardized management on the acquisition, maintenance, application, protection and confidentiality of intellectual property horizontally, and strictly controls the project approval, R & D, procurement, production, sales, after-sales and other links vertically, Effectively save all kinds of costs for enterprises, early warning all kinds of risk management information, so as to actively create, avoid infringement, prevent infringement, and protect trade secrets. UAV enterprises should learn from the above specifications, make good use of the standard implementation protection policy of intellectual property, and establish an intellectual property protection team to provide legal advice and services for enterprise development. UAV enterprises can also participate in the intellectual property alliance, group together, improve the risk of responding to foreign intellectual property litigation, and promote their own growth and development

sixth, strengthen judicial response measures. Drones are highly professional, widely used in industry, and relevant laws and regulations lag behind. In order to deal with the "blowout" of such cases in the near future, we should consider the establishment of a professional court for drone disputes and a circuit court. In the future, we can learn from the development direction of Hangzhou Internet court to establish a professional court for drone disputes. In addition, in the specific trial field, we can consider setting up technical investigators and using expert people's jurors to participate in the trial in highly professional cases. Experts say that the murderer is a VOC, which is not only conducive to solving technical problems and improving judicial efficiency, but also in line with the concept of allowing the people to effectively supervise the judiciary and then participate in democratic politics

source: People's court report

: Jiang Shanshan