Mr. Chen Jun: Discussion on the Cause of the Problem

　　Under the background of economic development and transformation, innovation has become the driving force for transformation and development. The issue of intellectual property protection brought about by innovation has also become one of the common focuses of administrative law enforcement and judicial trial. Whether it is the practice of protection from abroad or the actual situation of the current judicial trial, intellectual property and competition disputes increasingly rely on judicial tendencies.

　　Once intellectual property rights and competition disputes arise, the rights holders first face the issue of opening a case. If the right holder’s intellectual property rights and competitive interests are also damaged at the same time, such as infringement of trademark rights and unfair competition, infringement of copyright and Right competition, infringement of commercial secrets and patent rights, etc., can it require the court to deal with the same case, that is, whether the court can take two or more cases as the focus of the case (Civil case, "Civil Case Rules") It is defined as an important part of the name of a civil case. It reflects the nature of the civil legal relationship involved in the case. It is a summary of the legal relationship contained in the litigation dispute. It is an important means for the people’s court to manage civil cases. ), as a matter of little controversy in the judicial practice, the author holds a positive attitude, the specific reasons are as follows:

　　First of all, Article 52 of the "Civil Procedure Law" stipulates that if one or both of the parties are two or more, their subject matter of litigation is common, or that the subject matter of the litigation is of the same kind, and the people's court thinks that they can join the trial and get the consent of the parties, they shall be joint lawsuits. In combination with the 52nd provision of the Supreme People's Court “Regulations on Civil Litigation Evidence”, if the case has two or more independent claims, the parties may produce the evidence one by one. Based on the above legislative and judicial interpretations, the law allows the subject matter of litigation to be the same type of case for a joint trial. According to the principle of “Rules for the Case of Civil Cases,” the cases in which intellectual property rights and competition disputes are of the same type should be in the category of joint trials.

　　Secondly, Article 3 of Part 3 of the “Rules on the Case of Civil Cases” clearly stipulates that where more than two legal relationships are involved in the same lawsuit, the cause of the case shall be determined according to the nature of the legal relationship in which the parties contested the dispute. Two cases of juxtaposition are determined according to the two or more legal relations of the dispute.

　　Thirdly, in the Supreme People's Court, “Civil Cases Concerning Interpretation and Application of Regulations” (2011 Revised Edition, People's Court Press, pp. 273-274) mentioned that “in practice, parties often infringe on certain types of intellectual property rights and are unfair. Cases of competition are prosecuted, and some courts require that two cases be prosecuted, filed separately, tried separately, and be judged separately, and some courts accept the case as a case. Regardless of how to entertain and hear the case, although it is a violation of the "Intellectual property disputes" and "unfair competition disputes" are two cases, but proceeding from the principle of facilitating litigation and facilitating trials can be combined with trials." How was the practical trial? As of April 18, 2013, the author used the keywords “copyright and unfair competition” and “patent right and unfair competition” to search online on the Chinese IPR ruling papers hosted by the Supreme Court. 45,14 articles of judgment. In addition, the author has not conducted a search for the case of “infringement of trademark rights and unfair competition” and the common case of Jicheng’s intellectual property trial.

　　Finally, in the case of intellectual property and competition disputes, the composition of rights infringement is different, and the legal interests protected by law are also different, and there is a need for protection. Regardless of whether the litigant’s object of litigation should be in accordance with the principle of one-off dispute resolution or from the perspective of judicial review of resources, it is perfectly legal and reasonable to put this kind of case in one case.