On March 22nd, the Supreme People’s Court held a press conference to release the Interpretation of the Supreme People’s Court on Several Issues Concerning the Application of Law in the Trial of Patent Infringement Disputes (II) (hereinafter referred to as Interpretation II). The judicial interpretation will be implemented on April 1, 2016. In order to better understand and apply Interpretation II, the person in charge of the Third People’s Court of the Supreme People’s Court accepted an interview with our reporter.

　　Q: Interpretation II will be officially implemented on April 1st. Could you tell us about the background of drafting this judicial interpretation?

　　A: In December 2009, the Supreme People’s Court issued the Interpretation on Several Issues Concerning the Application of Law in the Trial of Patent Infringement Disputes. This judicial interpretation has played an important role in protecting the interests of patentees according to law and encouraging scientific and technological innovation. Over the past five years, patent infringement cases have increased steadily, and the legal issues involved have deeply touched the basic system and concept of patents. The technical facts involved have become more cutting-edge and complex, and the market value and interests are even greater. Higher people’s courts in Beijing, Shanghai, Jiangsu and other places respectively issued guidance on the trial of patent infringement disputes. In particular, the Central Committee of the Communist Party of China’s Decision on Several Major Issues of Deepening Reform in an All-round Way clearly proposes to strengthen the application and protection of intellectual property rights, improve the incentive mechanism for technological innovation, and build a national innovation system. The National People’s Congress Standing Committee (NPCSC) has decided to set up intellectual property courts in Beijing, Shanghai and Guangzhou, focusing on cases with strong expertise such as patents. In order to ensure the correct implementation of the patent law, unify and refine the standards of patent infringement judgment, and respond to the new expectations of scientific and technological innovation for patent trial in time, it is necessary to draft the judicial interpretation of patent infringement judgment again.

　　As early as the end of 2011, the Third People’s Court of the Supreme People’s Court began a special investigation on the criteria for judging patent infringement. At the beginning of 2014, it was included in the the Supreme People’s Court Judicial Interpretation Project. On the basis of soliciting opinions from the public and listening to feedback from relevant departments of the central government, experts and scholars, courts, lawyers, patent agents, enterprises and trade associations, the draft articles were revised for 16 times to form a manuscript, which was discussed by the the Supreme People’s Court Judicial Committee and finally passed the judicial interpretation.

　　Interpretation II consists of 31 articles, mainly from typical cases published in the Supreme People’s Court Gazette and the summary of patent trial experience in recent years. The main issues involved are: the interpretation of claims, indirect infringement, the defense of standard implementation, the defense of legal sources, the cessation of infringement, the calculation of compensation, and the influence of patent invalidation on infringement litigation. In the overall framework, it is basically arranged according to the scope of patent protection, tort behavior, non-infringement defense, tort liability and procedural matters.

　　Q: The trial of patent cases is closely related to scientific and technological innovation. What impact will the introduction of Interpretation II have on mass entrepreneurship and innovation?

　　A: At present, a new round of global scientific and technological revolution and industrial transformation is poised for development, China’s economic development mode is accelerating, the trend of innovation leading development is more obvious, and the basic guarantee function of intellectual property system to stimulate innovation is more prominent. The Fifth Plenary Session of the 18th CPC Central Committee put forward five development concepts of "innovation, coordination, green, openness and sharing", and the first one was "innovation". It also emphasizes that innovation is the first driving force to lead development, and it must be placed at the core of the overall development of the country, so that innovation can run through all the work of the party and the country and become a common practice in the whole society. It can be said that innovation means development, and innovation means the future. This year is the first year of the 13th Five-Year Plan and the decisive stage of building a well-off society in an all-round way. Facing the new situation and new requirements, it is of great significance to give full play to the key role of the patent system in stimulating innovation, promoting scientific and technological progress and economic and social development, focusing on building a fair and transparent legal environment, stimulating innovation power, creating potential and entrepreneurial vitality, and accelerating the implementation of the innovation-driven development strategy.

　　The drafting of Interpretation II is closely related to the legislative purpose of the Patent Law to encourage invention and creation, promote scientific and technological progress and economic and social development, and based on the practice of patent trial, the following guiding ideology has always been implemented: First, adhere to the problem orientation, strengthen the protection of patent rights, solve outstanding problems such as "long cycle, difficult proof and low compensation" as far as possible, ensure the realization of the interests of patentees, and fundamentally stimulate innovation; Second, adhere to the principle of compromise interpretation, strengthen the publicity and demarcation of claims, enhance the certainty of patent protection scope, provide clear legal expectations for the public, and promote the improvement of patent document writing level; Third, adhere to the principle of balance of interests and clarify the legal boundary between patent rights and other civil rights, which not only protects the legitimate rights and interests of obligees and encourages invention and creation, but also avoids the improper expansion of patent rights, and prevents the space for re-innovation from being compressed and damaging the public interests and the legitimate rights and interests of others.

　　The promulgation of Interpretation II is an important measure for the Supreme People’s Court to actively create a legal environment conducive to innovation, which enriches and perfects China’s patent legal system, will further curb the infringement of patent rights, further strengthen the guiding role of judicial decisions in scientific and technological innovation, further effectively encourage independent innovation and technological leapfrogging, and provide a strong legal guarantee for mass entrepreneurship and innovation.

　　Q: What are the targeted provisions in Interpretation II for the problem of "difficult proof and low compensation" in patent protection in China at present?

　　A: Difficulties in proof and low compensation are two closely related issues. The main reason for the low amount of compensation in infringement cases is the lack of evidence about losses or profits, that is, the difficulty of proof. Because of the concealment of patent infringement, a lot of evidence of infringement is held by the infringer, but it is difficult for the right holder to obtain it. That is to say, there is a big difference between the right holder and the infringer in the difficulty of proving evidence of infringement. Therefore, the fundamental solution to the problem of "difficult proof and low compensation" is not to provide evidence for the obligee or blindly increase the amount of legal compensation, but to formulate a set of proof rules that conform to the characteristics of intellectual property litigation. Article 27 of Interpretation 2 has improved the rules of proof about the amount of compensation in patent infringement litigation to a certain extent. On the basis of referring to the provisions of the second paragraph of Article 63 of the Trademark Law, according to the patentee’s preliminary proof and the infringer’s grasp of relevant evidence, the burden of proof about the infringer’s profit is assigned to the infringer, and this is connected with the order of compensation calculation stipulated in Article 65 of the Patent Law. It should be pointed out that the application of this rule is based on the premise that the obligee initially provides evidence to prove the defendant’s profit, and the account books and materials related to patent infringement are mainly held by the infringer. If the above two conditions are not achieved, it is impossible to infer the evidence obstruction, which leads to "it is difficult to determine the infringement profit". According to Article 65 of the Patent Law, it is further necessary to determine whether the compensation amount can be determined by referring to the patent license fee.

　　Q: Is the "long period" in patent protection a common problem of "cross between people and banks"? How was Interpretation II solved?

　　A: As you said, the trial period of patent infringement dispute cases is long, which is mainly caused by the litigation framework of "binary separation between the people’s bank and the people’s bank" stipulated in the current law. When the obligee sues the defendant for infringement of his patent right, the defendant often files a separate request for invalidation of the patent right with the Patent Reexamination Board, and the court hearing the patent infringement dispute case has no right to examine the validity of the patent right, and usually suspends the civil litigation and waits for the result of the administrative litigation of patent authorization and confirmation. However, the procedure of patent authorization and confirmation is too cumbersome, and the situation of circular litigation and idle procedures is more prominent, which is not conducive to the substantive settlement of disputes. In order to improve the trial efficiency of patent infringement litigation, alleviate the negative impact of the long trial period as much as possible, and fully consider the fact that the proportion of administrative litigation for patent authorization and confirmation changes the decision of the Patent Reexamination Board is low, Article 2 of Interpretation 2 designs a system of "arbitration first and prosecution separately", that is, after the Patent Reexamination Board makes a decision to declare the patent invalid, the court hearing the patent infringement dispute case can rule "dismiss the prosecution" without waiting for the final result of the administrative litigation, and pass ". The reason why the lawsuit is dismissed by procedural ruling instead of substantive judgment is mainly to consider that if the invalid decision is overturned by administrative judgment, the obligee can still sue separately.

　　Because the plaintiff in a patent infringement lawsuit may only be the patent licensee, he usually does not participate in the patent invalidation procedure, so he is not the addressee of the administrative judgment. The general provisions of the General Principles of Civil Law on the limitation of action apply to the calculation of the limitation of action for his separate prosecution, that is, he knows or should know the time when the patent right will be restored to be effective. In order to avoid tedious words, the third paragraph of this article only stipulates the limitation calculation of the patentee’s separate prosecution.

　　Another example is that after the Patent Reexamination Board has made a decision to declare the patent invalid, the parties concerned apply for retrial to cancel the judgment or conciliation statement of patent infringement made by the people’s court before the patent invalidation. Paragraph 1 of Article 29 of Interpretation 2 stipulates that the people’s court may make a ruling to suspend the retrial review and the execution of the original judgment or conciliation statement, with the aim of reducing the execution reversal caused by the continued execution after the patent is finally invalid, and giving the invalid decision a certain degree of effectiveness against the judgment or conciliation statement. Because the patent invalidation decision has not been reviewed by the judiciary, in order to balance the enforcement interests of the patentee and the infringer and avoid the possible side effects of "suspending the execution of the original judgment and conciliation statement", with reference to the provisions of Article 16 of the Interpretation of the Supreme People’s Court on Several Issues Concerning the Application of Execution Procedures on the objection to execution, the second paragraph of Article 29 of Interpretation 2 stipulates that in the case that the people’s court has ruled to suspend execution, the patentee may request to continue execution after providing guarantee. In this regard, the infringer can ask for suspension of execution through counter-guarantee to check and balance. When the patent right is finally determined whether it is valid or not, the people’s court may enforce the guarantee or counter-guarantee property, so as to avoid the failure of enforcement interests.

　　Although the above two clauses in Interpretation II have actively explored the improvement of litigation efficiency, they cannot fundamentally solve the problem of long cycle caused by the binary separation of the people’s bank of China and the people’s bank of China due to the restrictions of existing laws and regulations. For example, Article 3 of Interpretation 2 stipulates that the court hearing a patent infringement dispute case can only explain to the parties and tell them to start the patent invalidation procedure if the patent clearly violates the third or fourth paragraph of Article 26 of the Patent Law and should be declared invalid. If the invalid procedure is initiated, the patent infringement lawsuit should generally be suspended. Only if the patent right is not declared invalid within a reasonable period, the people’s court can determine the scope of protection of the patent right according to the records of the claim. It can be seen that the fundamental solution to the problem of "long cycle" that has plagued patent protection for a long time needs to transform the litigation framework of "binary separation of people’s banks and banks" from the legislative level. At present, China is carrying out the fourth revision of the patent law, and we hope that the above problems can be solved in this revision.

　　Q: Just now, you mentioned that the drafting of Interpretation II carried out the guiding ideology of strengthening the publicity of claims. Can you introduce these provisions in detail?

　　A: As a yardstick to delimit the boundaries of patent rights, patent claim is the core concept of patent law, and many rules in the patent system revolve around patent claim. The judicial interpretation of patent law issued in 2009 once reflected the orientation of strengthening the publicity of claims, and Interpretation II continued to implement this guiding ideology, aiming at enhancing the certainty of the scope of patent protection and providing clear legal expectations for the public. This is also the need to fully consider the current situation that China’s patent quality is still at a low level as a whole and the implementation of the innovation-driven development strategy.

　　Articles 5, 10 and 12 of Interpretation 2 are aimed at the pre-order features, the preparation methods in product claims and the emphasized terms in numerical features, respectively, and stipulate that the above features and terms have a limiting effect on the scope of patent protection. Whether the above features and terms are the necessary technical features of a patent is a problem that should be solved in the stage of patent authorization and confirmation, and it is not appropriate for the people’s court hearing patent infringement disputes to discriminate. That is to say, the patent document writer should pay enough attention to the expression of the above features and terms in the patent application stage.

　　Article 7 of Interpretation II clarifies the interpretation rules of the long-disputed closed composition claims in practice, and also highlights the respect for the publicity of the claims and the maintenance of the public’s trust in the scope of patent protection. Because all previous versions of the Patent Examination Guide have the same provisions for the claim of closed composition, that is, it must not contain other components other than the features described in the claim, unless it is unavoidable constant impurities. Through long-term patent practice, this writing method and interpretation rules have been generally accepted by the industry, and the interpretation rules stipulated in the first paragraph of Article 7 of Interpretation II are consistent with the Patent Examination Guide. The Chinese medicine composition claim stipulated in the second paragraph belongs to the exception of the first paragraph.

　　It should be pointed out that the written expression itself has certain limitations, and it is difficult for the patent technical scheme to be summarized comprehensively and accurately in the claims. Moreover, the improvement of patent document writing level needs a process, which cannot be achieved overnight. Therefore, while emphasizing the basic orientation of publicity of claims, the interpretation of claims needs to be flexible to avoid "literal theory", so that patents with real technical contributions can be protected compared with those in GAI.

　　Q: What is the reason for making special provisions on the claim of Chinese medicine composition?

　　A: The composition in the field of traditional Chinese medicine is fundamentally different from chemical drugs in terms of mode of action, manufacturing technology, physical and chemical parameters, etc. It is not appropriate to simply apply the interpretation rules of Article 7, paragraph 1, of Interpretation II. Moreover, China has a unique advantage in the field of traditional Chinese medicine. It is in line with the actual development of traditional Chinese medicine industry to adopt the rules of claim interpretation different from those of chemical pharmaceutical compositions, which is conducive to protecting innovation in the field of traditional Chinese medicine and promoting the development of the industry. Therefore, in principle, the provisions of the first paragraph do not apply to the interpretation of the claims of Chinese medicinal compositions mainly written by "made of ……………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………… If there is no substantial impact, it is generally considered that the accused infringing product falls within the scope of patent protection.

　　Q: Why does Article 25 of Interpretation 2 stipulate that bona fide users can not stop using it?

　　A: Article 70 of the Patent Law stipulates that users, promised sellers and sellers shall be exempted from liability for compensation when their legitimate source defense is established. The dispute lies in whether bona fide users should stop using it after proving its legal source and paying reasonable consideration. In practice, users of infringing products usually don’t know and shouldn’t know that they are buying infringing products. Because users are at the end of the chain of infringement, they are easy to be found by right holders, so right holders often choose to sue users. Even if the manufacturer, seller and user are all co-defendants, if the user is only exempted from the liability of compensation for losses according to Article 70 of the Patent Law, he shall still bear the tort liability of stopping using. If you don’t stop using it, you have to pay royalties as a substitute for not stopping using it. However, the user has already paid the consideration when purchasing the infringing product. In fact, it is equal to the user paying double the consideration. The survey found that in recent years, the number of related cases with users as defendants has increased significantly, and the above phenomenon is more prominent. In order to clarify the legal boundary between patent rights and other civil rights, according to the principle of balance of interests, Article 25 of Interpretation II excludes bona fide users through a proviso.

　　During the drafting, there was a view that this article exempted bona fide users from the responsibility of not stopping using it, which was in conflict with Article 70 of the Patent Law. Another view is that, in the original intention of the system, the establishment of the legal source defense system is to combat the source of infringement, and the manufacturer is the main source of infringement. TRIPS agreement also does not require that acts of bona fide use should be prohibited. The user is in good faith subjectively, provides a legal source objectively, and pays a reasonable consideration to the seller when obtaining the infringing product, which should prevent the extension of patent prohibition. Patent right is exclusive, but it does not mean that it can be expanded indefinitely. Patent law is not only the law of the patentee, but also blindly and excessively emphasizes the unilateral interests of the patentee and ignores the legitimate interests of bona fide users, which will occupy the reasonable space of bona fide users and hinder the security of transactions. This is not the original intention of Article 70 of the Patent Law, and it also violates the basic legal spirit of balance of interests. On the basis of soliciting the opinions of the relevant legislative departments, Interpretation II adopted the second opinion.

　　If the obligee proves to the contrary that the user has not paid the consideration or the consideration is obviously unreasonable, it does not meet the constitutive requirements of exemption from stopping the infringement, and the user should still bear the civil liability for stopping the use, unless the exception of "national interests and public interests" stipulated in Article 26 of Interpretation 2 is met. The term "reasonable consideration" as mentioned in Article 25 of Interpretation 2 refers to the transaction price or transaction conditions that are basically equivalent to or slightly lower than the patented product. If the consideration is obviously lower than the transaction price or conditions of the patented product, it can usually be inferred that the buyer should know that the purchased product is not a patented product.

　　Q: What is the relationship between the provisions of Article 26 of Interpretation II on stopping the sued behavior without an order and the compulsory patent licensing system stipulated in the Patent Law?

　　A: Under normal circumstances, the infringer should bear the legal responsibility to stop the infringement. However, if the infringer’s stopping behavior will harm the national interests and public interests, the court may not order him to stop the sued behavior, but pay a reasonable royalty instead, which is a common practice in judicial practice at home and abroad. There is no clear stipulation in the patent law about the way of bearing tort liability, but the way of bearing tort liability stipulated in Article 15 of the Tort Liability Law can be applied separately or in combination. Article 26 of Interpretation II belongs to the determination of the way to bear civil liability in individual cases, which is the proper meaning of the application of tort liability law and other laws. Although the patent law stipulates the compulsory patent licensing system, Article 26 of Interpretation II goes hand in hand with the compulsory patent licensing system. If the compulsory license issued by the administrative organ is taken as the pre-procedure of civil tort litigation, it will lead to the suspension of civil litigation and artificially complicate the relief procedure, which is not conducive to timely settling disputes. It should be pointed out that only under extremely special exceptional circumstances, such as harming national interests and public interests, the court will not order the defendant to stop the act, and stopping the infringement is still the basic way of patent infringement liability.

　　Q: You just mentioned the temporary protection period of the invention patent. Please tell us about the relevant provisions.

　　A: The invention patent adopts the system of "early disclosure and delayed examination", so there is a temporary protection period between the date of publication of the patent application and the date of authorization announcement. Because all the infringements stipulated in Article 11 of the Patent Law are after the patent right is granted, the invention implemented during the temporary protection period is not an infringement in nature. However, the controversial issue in practice is whether the products that have been manufactured, sold or imported during the temporary protection period can be sold, promised to be sold or used after the announcement of patent authorization. In this regard, there were two opinions in the drafting: the first opinion is that the products manufactured, sold and imported during the temporary protection period are not infringing products, and the patentee has no right to prohibit the subsequent sales and use of non-infringing products after the authorization announcement date; The second view is that according to Article 11 of the Patent Law, after the patent right is granted, the patentee may prohibit others from carrying out any act without his permission. Using, promising to sell or selling products that have been manufactured, sold or imported during the temporary protection period does not belong to the situation that is not regarded as infringement as stipulated in Article 69 of the Patent Law, so it should be prohibited according to law. If the first opinion is adopted, it may lead to the situation that the actor hoards the products during the temporary protection period and sells them after the authorized announcement. If the second opinion is adopted, it is inconsistent with the nature that the products manufactured during the temporary protection period are not infringing products, and it is too harsh on the defendant. Therefore, Article 18 of Interpretation 2 makes a compromise: if the person who carries out manufacturing, selling or importing during the temporary protection period pays appropriate fees to the obligee in accordance with Article 13 of the Patent Law,Products that have been manufactured, sold or imported during the temporary protection period are not regarded as infringing products, and their subsequent use, sale and promised sale are not infringing acts as stipulated in Article 11 of the Patent Law.

　　In practice, the obligee may take the manufacturer, the user and the seller as co-defendants when suing, or may only sue the seller. When the seller puts forward the defense that the manufacturer has promised to pay the appropriate fee in writing, the obligee applies to add the manufacturer. In this regard, it should be handled in accordance with the corresponding provisions of the Civil Procedure Law and its judicial interpretation, and Interpretation II is not repeated. The reason why "written commitment" is stipulated is to enhance operability, and to provide a basis for possible charges against manufacturers, sellers and importers.

　　Q: In recent years, the issue of standard essential patents has attracted much attention at home and abroad. Article 24 of Interpretation 2 covers this issue. Please tell us about it.

　　A: In patent infringement litigation, the legal problem that the accused infringer claims not to stop implementing the act on the grounds of implementing the standard is typical. Whether the above defense is established depends on the subjective state of the standard implementer, that is, his knowledge of the patent involved in the standard, which is determined by the disclosure of patent information by the standard. Therefore, Article 24 of Interpretation II explores the subjective fault of the parties in the context of patent information disclosure, and then determines whether to order to stop the implementation of standards and bear civil liability, which still belongs to the perspective of patent law and tort liability law, and does not involve the issue of competition law.

　　In view of the complexity of the issue of standard essential patents, Interpretation II abandons the previous "big and comprehensive" drafting idea, and only clarifies the typical issues that all parties can reach a consensus, and does not involve the controversial issues for the time being. In particular, the Provisions on the Administration of National Standards Involving Patents (Provisional) issued by the National Standardization Administration Committee and China National Intellectual Property Administration in December 2013 improved the patent information disclosure procedure and made it clear that patents involved in national standards should be essential patents. In order to maintain the consistency with the above-mentioned interim provisions, Interpretation II only stipulates the recommended standards and the situation of the patents involved. Issues such as undisclosed patent information, mandatory standards and international standards that are not covered by the above interim provisions will be left to judicial practice to be solved step by step.

　　Q: Not long ago, the the State Council Legislative Affairs Office asked the public for opinions on the revised draft of the Patent Law. What are the provisions of Interpretation II and this revised draft of the Patent Law?

　　A: Judicial interpretation comes from trial practice and a large number of vivid cases in courts across the country. It is in this sense that judicial interpretation is the forerunner of legislation. Judicial interpretation of patent law is not only the basis for judges to apply patent cases, but also plays an important role in filling legal loopholes and refining legal standards, which constitutes an organic part of China’s patent legal system. The implementation of judicial interpretation of patent law will further verify and improve relevant legal rules and lay a more solid foundation for the revision of patent law.

　　For example, the system of indirect patent infringement stipulated in Article 21 of Interpretation II has similar provisions in this revised draft of the Patent Law. In practice, there is no connection between the indirect infringer and the infringer who finally implements the invention and creation, and it does not constitute a joint fault. However, in view of the obvious subjective malice of indirect infringers, and the parts and components they provide are special products for direct infringement, or they actively induce others to commit infringement, they are included in the scope of regulation in Article 9 of the Tort Liability Law. This is the proper meaning of the application of tort liability law, and it is not to give extra protection to the patentee outside the current legal framework, which is in line with the objective reality of strengthening patent protection.

　　It should be emphasized that indirect infringement should be based on direct infringement, so the provisions are expressed as "implementing" the act of infringing patent rights. However, it does not mean that there must be a referee who finds that the direct infringement is established before the indirect infringement lawsuit is filed. Regarding whether to treat the indirect infringer and the direct infringer as co-defendants, the people’s court may decide whether to treat the direct infringer as a co-defendant according to the specific case, considering that there may be a situation where the direct infringer has been determined by a prior judgment.

　　In addition to indirect infringement, Interpretation II further enriches the rules for the interpretation of claims and clarifies the reasons for the defense of non-infringement. There are still some problems that have been reflected in the exposure draft, such as the defense of patent conflict application, the purpose of production and operation, etc., and finally they are not included in Interpretation II due to the restrictions of the current patent law, but it does not mean that the views of the exposure draft on some issues are wrong. Some may be reflected in future judicial policies and typical cases, some may need further study, demonstration and unified understanding, and some are deep-seated problems of the patent law itself, which need to be paid special attention to in this or future revision of the patent law.

　　Q: I noticed that the title of this judicial interpretation is "Interpretation II". What is the relationship between it and the existing judicial interpretation of patent law?

　　A: In December 2009, the Supreme People’s Court issued the Interpretation on Several Issues Concerning the Application of Law in the Trial of Patent Infringement Disputes. Interpretation II is based on the judicial interpretation of patent law in 2009, which further enriches and refines the criteria for judging patent infringement, so it is expressed as Interpretation II, which also reserves space for future judicial interpretations of patent law, so as to systematize the judicial interpretation of patent infringement. In addition, Article 23 of Interpretation II will absorb (93) with the approval of No.20. However, the two judicial interpretations of the patent law issued in 2001 and 2009 did not conflict with Interpretation II, and there was no problem of substitution by Interpretation II.

　　Q: What specific measures will the Supreme People’s Court take to implement Interpretation II after its implementation?

　　A: the Supreme People’s Court will let the front-line judges of patent trials accurately grasp the original intention of drafting Interpretation II and the problems that should be paid attention to in understanding and application through various means such as business meetings of the court system and training courses of the judges’ college. In addition, in order to meet the needs of the majority of patent legal practitioners and the public to understand the original intention of the judicial interpretation provisions of the patent law, the Supreme People’s Court has set up a writing team to publish the book Understanding and Application of Judicial Interpretation of the Patent Law (tentative name) in the second quarter of this year, which will comprehensively sort out the three existing judicial interpretations of the patent law and arrange them according to a brand-new style that is easy to refer to.

　　The Supreme People’s Court will strengthen the tracking of the implementation of Interpretation II, continuously collect and summarize the problems in the implementation of judicial interpretation, and unify the applicable standards in time to ensure the correct implementation of the patent law.

　　Tsuoka Yitang is at work (Twitter screenshot)

　　Overseas network February 6 thBecause he loves the mascot "Bingdundun" of the Beijing Winter Olympics so much, Japanese TV reporter Tsukuoka Yitang unexpectedly became popular on social media in China and Japan. His appearance of covering the Winter Olympics in Beijing has also been exposed by Japanese media: he is wearing an "Ice Dun Dun" T-shirt, wearing an "Ice Dun Dun" badge on both sides of his ID tape, and holding an "Ice Dun Dun" doll in his hand. He is covered in "Ice Dun Dun" and makes Japanese netizens shout "All because of you, the ice Dun Dun is sold out".

　　Tsuoka Yitang is at work (Twitter screenshot)

　　On the 6th, Japanese TV station Twitter updated the way Tsuoka Yitang reported the Winter Olympics. In the picture, Geng Gang is wearing a dark blue T-shirt, and a big "ice pier" on his chest is very eye-catching. Two strings of winter Olympic theme badges were hung on the belts on both sides of the work permit hanging around Tsukioka’s neck, most of which were "ice piers". Tsuoka’s left hand is still holding an "ice pier" doll, and his right hand is a gesture of "praise". Although wearing a mask, he still can’t hide his smile. Japanese TV also wrote on Twitter: "He likes ice piers too much."

　　Tsuoka Yitang is at work (Twitter screenshot)

　　The work photo of Tsuoka Yitang triggered a heated discussion among Japanese netizens. Some netizens commented below: "Because of your propaganda, I heard that the ice piers are sold out now." "Thank you for your report, and I will support the ice piers." "You are so interesting and the ice piers are so cute."

　　Tsuoka Yitang is at work (Twitter screenshot)

　　On the 5th, when accepting the media, Tsuoka Yitang said, "I didn’t expect to have a new name at the age of 35. Now ‘ Yidundun ’ It is my real name. " "I am ‘ Love at first sight ’ , no ‘ Ice pier ’ There would be no me now. No matter how hard and tired, I always see ‘ Ice pier ’ There will be a rush. " He said that it would be great if everyone could pay more attention to the Beijing Winter Olympics because of his existence. For the renaming of Tsuoka Yitang, Japanese netizens have said: "His love for Bingdundun is too deep." "It’s so funny that he finally became a pier." "Well done!" (Overseas network Wang Shanning)

　　　　　　 How to solve the dilemma of intelligent life of the elderly? How to help minor children of prisoners? Being in Jinan, the spring city, how to strengthen the protection and publicity of spring water? ….. The students of experimental middle school in Shandong Province focus on a practical problem and conduct their own investigation and study, and put forward practical suggestions. In 2021, 34 "Mock CPPCC Proposals" from Shandong Experimental Middle School students won prizes in the solicitation of proposals of Jinan Youth Mock CPPCC, which showed students’ sense of ownership and youth responsibility for making suggestions and suggestions for social construction.

　　　　　　 On the 28th, the reporter from Shandong Business Daily and Subao News Network had a close dialogue with the small masters of these countries to gain an in-depth understanding of their work in helping social construction. ◎ Shandong Business Daily Su Bao News Network reporter Zhang Wenwen Wang Siyu

　

　

Students from Shandong Experimental Middle School are on-the-spot investigation and visit (Photo courtesy of the school)

　

　　　　　　 Pay attention to the needs of special groups

　

　　　　　　 From June to December, 2021, the proposal collection activity of Jinan Youth Mock CPPCC in 2021, which was jointly carried out by Jinan CPPCC, Jinan Municipal Committee of the Communist Youth League and Jinan Student Federation, received wide attention from all walks of life. During the period, more than 1,000 teenagers in the city actively signed up. After preliminary screening, optimization and promotion, review and evaluation, roadshow guidance and other links, four suggestions submitted by students of Shandong Experimental Middle School won the "Top Ten Youth Simulated CPPCC Proposal", 30 suggestions won the "Excellent Youth Simulated CPPCC Proposal", the school won the honorary title of "Excellent Organizational Unit" and Teacher Han Xu was awarded the "Excellent Instructor".

　　　　　　 On December 28th, four students, Dong Xiaoou, Gao Yihan, Yue Jiayi and Zhou Zhenxiang, who won the "Top Ten Young People’s Mock CPPCC Proposal", presented their suggestions to the reporters of Shandong Business Daily and Super Leopard News Network. As the president of the International Department of Shandong Experimental Middle School, "Tomato Fish Love and Help the Elderly Public Welfare Society", Gao Yihan has been helping the elderly to use smart phones. In the process, she is concerned that when "aging" meets "informationization", most elderly people have become marginal people of smart phones and are facing the dilemma of smart life. To this end, Gao Yizhen put forward the "Proposal on Developing and Promoting the APP for Older Smartphones" to help the elderly use smartphones more conveniently.

　　　　　　 The reporter of Shandong Business Daily and Subao News Network noticed that not only Gao Yihan, but also several students are good at starting from themselves, focusing on the group and social reality, and conducting in-depth research from a small incision. Yue Jiayi’s "Suggestions on Reasonable Provision of Delayed Service in Primary and Secondary Schools" keeps up with social hotspots and puts forward suggestions for improving the current delayed service in schools. Zhou Zhenxiang paid attention to the "invisible vulnerable groups" and put forward the "Proposal on Helping the Minor Children of Prisoners"; Dong Xiaoou paid attention to the development of Jinan, a spring city in his hometown, and put forward "Suggestions on the Protection and Publicity of Spring Water in Jinan".

　　　　　　 Put forward specific suggestions based on reality

　

　　　　　　 "My mother works in a government department. In the process of chatting with her, I learned that there are many minor children of prisoners facing difficulties in their daily life and study." Zhou Zhenxiang told reporters that he has been conducting offline visits and surveys since this summer vacation, mainly including several villages with outstanding problems in Jiyang District of Jinan City, and had face-to-face exchanges with minor children of prisoners to understand their living conditions, mental health and education.

　　　　　　 Zhou Zhenxiang noticed that due to insufficient attention, lack of legal escort, and limited assistance from social organizations, the current situation of underage children of prisoners is not optimistic. They are not only embarrassed by life and lack of education, but also face unfair treatment such as discrimination. In view of the practical problems from the visit, Zhou Zhenxiang made suggestions on the basis of in-depth thinking through online investigation and group discussion, mainly including perfecting the rescue system, doing a good job in legislative protection, strengthening education protection and providing professional psychological counseling.

　　　　　　 As the president of spring in spring, Dong Xiaoou led the team to conduct field research and interviews in Qushuiting Street, Daming Lake and other places. "We noticed that although most people know the 72 springs in Jinan, they often only know the famous scenic spots such as Baotu Spring and Black Tiger Spring, but other smaller springs are hard to be noticed and understood." In view of the shortcomings in the protection and publicity of spring water in Jinan, Dong Xiaoou put forward some practical suggestions, such as "implementing the long spring system", "setting up a public welfare fund for spring water protection", "promoting spring water into the campus" and "implementing the project of drinking spring water directly into households", which showed the strong sense of social participation and responsibility of experimental students.

　

　　　　　　 We will pay attention to the change and implementation of the problem for a long time

　

　　　　　　 "The simulation proposals submitted by the students this time cover many aspects such as ecological protection, traditional culture, student growth, community transformation, public construction, etc., with a large number and high quality. The proposals written are practical and feasible for practical problems and suggestions." Ren Xinghua, deputy secretary of the Youth League Committee of the school, said that the reason why the school can achieve good results this time is that the school has been actively implementing the fundamental task of educating people in Lide and improving students’ core literacy.

　　　　　　 The school actively organized students to participate in the simulated proposal activities. Not only four teachers, Zheng Yan, Teng Chuanpeng, Sharla Cheung and Han Xu, served as on-campus instructors, but also Li Li, a member of Jinan CPPCC, was invited as off-campus instructors to give professional guidance from four aspects: topic selection, policy research, field research and proposal writing. Ren Xinghua said that the members of the school’s "Simulated CPPCC Members’ Association" organized students to fully discuss and formed a working method of simulating CPPCC proposals by "learning documents, really investigating, emphasizing data, finding reasons and making suggestions", which ensured the scientificity, professionalism and pertinence of the suggestions. "Students have realized the transformation from simply finding problems to trying to solve them, and their sense of ownership and ability to solve problems have been significantly improved".

　　　　　　 "This activity has improved my participation and attention to society. Many things are actually closely related to us. We should take the initiative to pay attention to hot issues in society." Dong Xiaoou said that from now on, relying on the school community, he will design postcards and other publicity methods, lead students to visit and introduce the spring water culture every week, and use his own strength to carry on the spring water protection and publicity for a long time. Zhou Zhenxiang said that he will continue to pay attention to the issue of underage children of prisoners. "I will go to the field for research and visits in the weekend."

　　　　　　 It is understood that Shandong Experimental Middle School has carefully created ideological and political courses and community activities to guide young people to understand and orderly participate in the practice of deliberative democracy in Socialism with Chinese characteristics. Teachers and students participated in the Youth Edition "Consultation" of Jinan CPPCC twice, and four student proposals became the official proposals of members in 2021 and were answered by relevant departments, which had a wide impact on society.

　

The Millennium has passed.

The weather is still hot

Many mosquitoes continue to attack everywhere.

As the "first brother" of mosquito-borne infectious diseases

Dengue fever has been mentioned frequently recently.

Today we put

Identification, prevention and harm of dengue fever

Make it clear at once

01

What is dengue fever?

Dengue fever is an acute mosquito-borne infectious disease caused by dengue virus, which is also called "bone fracture fever" because of its severe pain.

01

How is dengue fever spread?

Dengue fever is mainly transmitted by the bite of Aedes aegypti and Aedes albopictus.

Generally, it will not be transmitted from person to person. Only when a dengue fever patient is bitten by a mosquito in the infectious stage, this mosquito may carry dengue virus.

When this mosquito bites others again, it will spread the dengue virus to others. So mosquitoes are the bane!

02

Where do Aedes mosquitoes often appear?

Aedes albopictus mostly inhabits near breeding sites, mainly in various artificial and plant containers. Such as: indoor and outdoor water tanks, bamboo tubes in bamboo forests, tree holes, waste tires, pickled ceramic utensils, etc.

03

What are the habits of Aedes mosquitoes?

Most of them invade the human body outdoors, and the peak of blood sucking is usually from early morning to 10 am and from 4 pm to dusk.

The flight range of activities is generally 50 ~ 100 meters near the breeding ground, and rarely exceeds 200 meters. Therefore, it is easy to be bitten when it is within 100 meters around its breeding ground during the peak period of its activity.

04

How do I know if I have dengue fever?

The typical symptoms of dengue fever are high fever, "three redness", "three pains" and rash.

High fever: sudden fever, the body temperature can reach above 39℃.

"Three reds": face red, neck red and chest red.

"Three pains": severe headache, orbital pain and joint muscle pain.

Rash: Congestive rash or punctate bleeding rash appears on the trunk or head and face of limbs.

If you have a history of traveling in an epidemic area of dengue fever within 2 weeks, or if there are confirmed cases in the city where you are active, plus "fever, pain, redness and rash", you are likely to have dengue fever.

Is there any vaccine to prevent dengue fever?

Is there any specific medicine for treatment?

At present, there is no effective vaccine to prevent dengue fever, and there is no specific treatment, only symptomatic treatment. Therefore, the simplest and most effective way is to avoid being bitten by mosquitoes and seek medical advice in time.

Is dengue fever fatal? Any sequelae?

Dengue fever is generally a self-limiting infectious disease, with less complications, lower mortality and generally no sequelae. People with chronic diseases, the elderly, infants and pregnant women are at higher risk of serious illness after infection.

02

How to prevent dengue fever?

The bite of Aedes mosquitoes is the only transmission route of dengue fever, so reducing the number of Aedes mosquitoes or avoiding bites is the key to prevent and control the spread of dengue fever. Mosquito control is the fundamental method to prevent dengue fever.

Step 1 clear stagnant water

Keep the living environment clean and tidy, and "turn over pots and cans" to remove all kinds of useless accumulated water such as indoor and outdoor idle containers and flowerpot bottoms.

Aquatic plants should change water regularly (every 3-5 days).

2. Kill adult mosquitoes

Install mosquito nets, screen doors, screens, etc.

Timely use mosquito-repellent incense, electric mosquito-repellent incense, electric mosquito swatter, mosquito-repellent lamp and other equipment, and you can also use insecticidal spray to kill mosquitoes in the room.

Step 3 do protection

Individuals can use mosquito repellent on their clothes, wear light-colored long-sleeved shirts and trousers, and do not use odorous cosmetics and perfumes when outdoors.

Avoid staying in the shade of trees, grass, pavilions and other outdoor places during the period when mosquitoes frequently appear (usually between early morning and 10 am and between 4 pm and dusk).

Special reminder

If you have fever, headache, orbital pain, muscle joint and bone pain, and related symptoms such as flushing and rash on face, neck and chest, you must go to the designated hospital as soon as possible.

And inform the doctor about the recent work or travel history abroad and outside the province, and cooperate with the development of dengue related testing.

Source | Yichang CDC

Original title: "Understanding the Identification and Prevention of Dengue Fever"

Read the original text

CCTV News:The yield of us treasury bonds has hit new highs for many years. Experts said that the bond yield is inversely proportional to the bond price. Recently, the medium and long-term US bond yield has risen sharply, which has also led to a significant decline in the price of US Treasury bonds in the corresponding period. This reflects that the market believes that the high inflation situation in the United States may last longer.

The data shows that as of October 6, local time in the United States, the yields of 3-month, 2-year, 5-year, 10-year and 30-year US Treasury bonds increased by 7 basis points, 23 basis points, 52 basis points, 69 basis points and 75 basis points respectively compared with the end of August. Among them, the yield of 5-,10-and 30-year US Treasury bonds has risen to a new high in the past 16 years, and the yield of 2-and 3-month US Treasury bonds has reached the highest level in the past 17 years and 22 years.

Wen Bin, Chief Economist of China Minsheng Bank:Influenced by inflation expectations and other factors, since mid-May this year, the yield of U.S. government bonds with various maturities has generally increased. With the recent imbalance between supply and demand in the U.S. government bond market, the price of government bonds with various maturities has declined to varying degrees, and the yield of U.S. government bonds with various maturities has hit new highs for many years.　　　　　　　　　

Reflecting the financial market’s concern about the Fed’s continued high interest rates.

At the same time, the long-term and short-term yields of US Treasury bonds are upside down. The yield of 2-year and 10-year US Treasury bonds has been upside down for 15 months, and the maximum upside down rate was as high as 108 basis points. The yield of 3-month and 10-year US Treasury bonds has been upside down for 11 months, and the maximum upside down rate was as high as 189 basis points.

Wang Qing, Chief Macro Analyst of Oriental Jincheng:The core factor affecting the interest rate trend of short-term treasury bonds is monetary policy and expectation, which means that the market judges that it is unlikely that the Fed will continue to raise interest rates in the short term. The yield of medium and long-term treasury bonds is mainly linked to fundamental factors such as inflation level and economic growth. The current situation shows that the market believes that the high inflation situation in the United States will last longer, and it is expected that the Fed will postpone the interest rate cut next year.

At present, there is an imbalance between supply and demand in US Treasury bonds.

In the third quarter of this year, the net issuance of US Treasury bonds exceeded US$ 1 trillion, a record high in the same period. It is estimated that the net issuance of US Treasury bonds will reach US$ 850 billion in the fourth quarter. However, on the demand side of US Treasury bonds, as the Federal Reserve keeps high interest rates and reduces the purchase scale of US Treasury bonds, the number of buyers of US Treasury bonds decreases. The imbalance between supply and demand is constantly pushing up the yield of US Treasury bonds, bringing down the bond price.

　　　　　　 Lu Zhe, Chief Economist of Debon Securities:Since the second half of this year, the issuance of U.S. Treasury bonds has increased significantly, and the Fed has continued to shrink its balance sheet, that is, the Fed sells U.S. Treasury bonds in the market, especially medium-and long-term varieties of Treasury bonds, which has brought about an obvious imbalance between supply and demand in the U.S. Treasury bond market, which has also aggravated the rise in the yield of U.S. Treasury bonds and the decline in prices.

It will continue to have an impact on global financial and trade stability.

With the recent rise in the yield of US bonds, the financial market has fluctuated greatly. Experts said that in the long run, this situation will adversely affect global financial and trade stability in the future.　

The yield level of national debt plays an important role in the asset pricing of financial markets. Recently, there have been obvious fluctuations in financial markets from the United States to the world. The US dollar index remained at a high level, and non-US currencies were generally under pressure.

Concerns that the Fed will "keep higher interest rates for a longer period of time" are spreading to the global financial markets, and the yields of European government bonds, including Britain, France and Germany, have generally increased. Experts said that the return of global capital to the US and European markets has also brought external pressure to emerging economies, especially countries with heavy debt burdens.

Wen Bin, Chief Economist of Minsheng Bank:Recently, the yields of government bonds in many developed economies have risen to varying degrees. In addition to the common fundamental factor of high inflation, the spillover effect of rising US Treasury yields is also an important reason. The longer the yield of US Treasury bonds stays at a high level, the more likely it will have a greater impact on global financial stability.

In addition, according to the latest forecast of the World Trade Organization, in 2023, the global merchandise trade volume will only increase by 0.8% year-on-year, which is lower than the 1.7% forecast in April and far lower than the average annual growth rate of 2.6% since the financial crisis.

Wang Qing, Chief Macro Analyst of Oriental Jincheng:High interest rates will aggravate the economic slowdown in developed economies, leading to a decline in the import demand for goods and services in developed economies, and thus global trade will continue to be dragged down, which will slow down the pace of global economic recovery.

Since last year, the enthusiasm of global central banks to buy gold has continued to rise. According to the data of the World Gold Council, central banks bought 77 tons of gold in August and 219 tons in the past three months. Due to the sharp rise in the yield of US Treasury bonds, the performance of the US dollar index is relatively strong. Since late September, the international gold price has declined to some extent.

Lu Zhe, Chief Economist of Debon Securities:Since last year, concerns about geopolitical conflicts, inflation hedging and long-term value preservation have prompted global central banks to increase their gold purchases and reserves. The international gold price is denominated in US dollars, and the yield of US Treasury bonds has risen sharply, pushing up the US dollar, which will inevitably bring downward pressure on the international gold price. However, when the yield of US Treasury bonds continues to rise and the price drops sharply, many countries are increasing their purchases of gold for the sake of asset preservation.

Cctv news(Reporter Dong Shuyun): On January 10th, the National Science and Technology Awards Conference was grandly held in the Great Hall of the People. The project "Construction of the Theory of Traditional Chinese Medicine and Its Guidance for the Prevention and Treatment of Microangiopathy" led by Wu Yiling, an academician of China Academy of Engineering, won the first prize of the National Science and Technology Progress Award. It is reported that the award is the only first prize of the National Science and Technology Progress Award in the medical field in 2019.

As a contemporary of the Republic, Wu Yiling has multiple identities such as doctor, academician and entrepreneur. Referring to these names, he smiled indifferently and said, "I am a doctor."

Wu Yiling (Photo courtesy of the respondent)

Born into a family of traditional Chinese medicine, he devoted himself to the research of traditional Chinese medicine for 40 years.

The Wu family practiced medicine for several generations, and Wu Yiling’s father was very famous in his hometown in Hebei Province at that time. He accumulated a lot of Chinese medicine classics at home, and Wu Yiling read Huangdi Neijing and Treatise on Febrile Diseases almost every time.

In 1977, Wu Yiling was admitted to the Department of Traditional Chinese Medicine of Hebei Medical University (then Hebei New Medical University). In the second year, the whole country resumed recruiting graduate students. The class teacher encouraged him to apply for the exam because of his solid basic skills. With years of accumulation, Wu Yiling completed the five-year college course in only three months. In 1979, he was admitted as the first graduate student of cardiovascular and diabetes in Nanjing College of Traditional Chinese Medicine.

During his three years as a graduate student in Wu Yiling, he began to get involved in the subject of collateral diseases. After graduation, he returned to work in the Cardiovascular Department of Hebei Traditional Chinese Medicine Hospital, and during this period, he began to explore different ways to treat cardiovascular diseases, and also innovatively developed prescriptions for treating cardiovascular and cerebrovascular diseases.

Wu Yiling (left) Visiting Data Map

"Chinese medicine has been circulating for thousands of years, and it is profound, but our understanding of it is not deep enough." Wu Yiling said with deep feelings that as a doctor, he has the responsibility to promote Chinese medicine to keep pace with the times and further develop it.

Guided by the theory of venation, a new understanding of microangiopathy

China Cardiovascular Report 2018 shows that there are about 290 million patients with cardiovascular diseases in China, and one person dies of cardiovascular diseases every 10 seconds, and the mortality rate of cardiovascular diseases still ranks first. Microangiopathy is considered to be the key factor to improve the clinical efficacy of the above diseases, but due to its unclear mechanism and uncertain curative effect, scholars at home and abroad have never made a breakthrough for many years.

Wu Yiling and his team have made great innovations in the academic theory of traditional Chinese medicine, focusing on the international problem of microangiopathy and combining the major diseases of heart, brain and sugar.

The Wu Yiling team project won the first prize of the National Science and Technology Progress Award (Photo courtesy of the interviewee)

Since 2005, Wu Yiling led the scientific research team to build the theory of TCM veins for the first time, relying on two national key basic research and development plans (referred to as "973 Plan") and combining with more than 10 domestic colleges and universities.

"&lsquo in the context theory; Pulse ’ Chinese medicine is called blood vessel, which is actually the same thing as the blood vessel of western medicine in anatomy, and the vein is the branch of blood vessel, "Wu Yiling said. The research team has carried out a lot of experiments in more than ten years, and under the guidance of venation theory, they have a new understanding of microvascular diseases.

"Microvessels, including microcirculatory lesions, are a difficult problem in the international medical community. They not only play an important role in the occurrence and development of major diseases such as cardiovascular and cerebrovascular diseases and diabetes, but also are the key factors that are difficult to improve the clinical efficacy at present. We have carried out research from three aspects: Chinese medicine, academic theory and mechanism of action. "

The research team adopted a randomized, double-blind, multicenter, placebo-controlled clinical evidence-based medicine that fully met international standards, and analyzed more than 33,000 research data, revealing that microangiopathy is a core and starting factor, including microvascular endothelial cells. Protecting microvascular endothelial cells is the key mechanism for treating clinical cardiovascular and cerebrovascular diseases.

Wu Yiling (left) video screenshot

Wu Yiling said, "Around such an innovative theory, we adopted three traditional Chinese medicines for dredging collaterals and treating cardiovascular diseases". Clinical studies have confirmed that these drugs have great advantages in protecting microvessels and improving microcirculation.

Among them, the evidence-based study of Tongxinluo capsule in the treatment of acute myocardial infarction without reflow confirmed that it can reduce the area of myocardial infarction, improve cardiac function, and improve the curative effect by 20%, which has made great progress in solving this problem in the international cardiovascular community.

However, for Wu Yiling, the integration of Chinese and Western medicine and the real "going out" of Chinese medicine are his constant pursuit and efforts. Wu Yiling sighed, "The mechanism of Chinese medicine can be clearly explained, and Chinese medicine can be widely recognized by the world, so we can be worthy of this quintessence."

CCTV News:After the unblocking of Tongchuan, Shaanxi Province, the local authorities made overall plans to prevent and control the epidemic situation and resume production to ensure the orderly recovery of economic and social operation and market vitality.

In the past few days, most restaurants along the street in the main city of Tongchuan have gradually resumed business. Although it is not possible to eat in the hall for the time being, take-away food can be delivered. The reporter saw in a restaurant that the citizens who came to eat consciously wore masks under the guidance of the staff, kept the distance, and waited in line for the meal in an orderly manner. In the noodle restaurant, the staff are busy pulling noodles, mixing ingredients, cooking soup and packaging.

Yang Miao, a restaurant employee in Tongchuan, Shaanxi:At present, only salty noodle soup is sold all day, and customers can only pack it and don’t support dining.

In addition, some local supermarkets have gradually resumed business, among which 1,225 business entities in Yaozhou District have achieved normal business.

Zhang Hao, Deputy Director of Yaozhou District Market Supervision Administration, Tongchuan City, Shaanxi Province:"Physical examination" for all types of business households, maintaining market stability, and vigorously and orderly promoting the resumption of work, production and business.