In recent years, with the development of the knowledge economy and intensified market competition, intellectual property rights have gradually become a tool for transforming knowledge into assets. The Intellectual Property Division of the Haidian District People's Court of Beijing recently concluded through research and analysis that the development of the knowledge economy will pose four challenges to intellectual property litigation:

Challenge 1: Leading to diverse motivations for litigation. In traditional intellectual property cases, the main purpose of litigant litigation is to safeguard legitimate rights and interests. Affected by the commercialization of knowledge, parties have begun to use intellectual property litigation as a strategy to squeeze out competitors in order to gain a favorable position in market competition. In terms of causes of action, in addition to traditional copyright and trademark disputes, unfair competition, trade secret disputes, etc. are also common causes of action for parties.

Challenge 2: Leading to an increase in batch cases. In order to increase the pressure on competitors to compensate, some parties choose to litigate a batch of cases within a specific period. Once the plaintiff's compensation request is supported, competitors will face tremendous pressure for compensation, which will directly affect their normal production and operation activities. The increase in the number of cases has also led to increased trial pressure on courts, and conflicts between persons and cases have become more prominent.

Challenge 3: Making mediation more difficult. Some plaintiffs and defendants have a competitive relationship with each other and have no motivation to cooperate. They lack the sincerity to mediate during the litigation and explicitly refuse mediation. Even if they express their willingness to accept mediation or have initially reached a settlement agreement, they are often stranded at the final signing or implementation stage. Mediation has become a means for the parties to delay litigation, making it more difficult for the court to mediate.

Challenge 4: Industry development has a greater impact on litigation. Industry development directly affects the litigation behavior of parties. At present, industries involving intellectual property rights in the core area are still in a period of development and adjustment, with uneven distribution of interests and intensified competition for interests. Cases such as video websites and digital libraries reflect the characteristics of related industries. Therefore, the court should focus on guiding the orderly and healthy development of the industry during the trial process.

Faced with the challenges posed by the knowledge economy to intellectual property litigation, the Intellectual Property Division of Haidian Court put forward “three norms”:

Norm 1: Standardize trials through research. With the strengthening of intellectual property protection, the number of behaviors expressly prohibited by law has decreased, but competitive behaviors that challenge legal boundaries are common; a large number of new case types and complex legal relationships require more research, so as to accurately grasp the development trends of the industry and It also clearly clarifies various legal issues.

Norm 2: Use litigation to regulate the market. The Fifth Civil Division of Haidian Court actively advocates the guiding role of litigation in the development of the industry. It has tried out "quick adjudication of similar cases" for cases such as film and television works, musical works, literary works, etc., to reduce the impact of litigation on normal business activities of enterprises, and through standardized compensation standards Effectively guide cooperation between enterprises.

Norm 3: Regulate the industry through mediation. The Fifth Civil Division of Haidian Court actively explores cooperation with major industry associations such as the Internet Society of China in entrusted mediation and assisted mediation, giving full play to the professional advantages of industry associations to promote dialogue between the parties and provide them with practical and effective problem solutions.