标签归档 苏州水磨会所

The NPC Standing Committee:

　　At the 31st session of the 12th the National People’s Congress Standing Committee (NPCSC), the draft law on the protection of heroic martyrs was considered for the first time. After the meeting, the Legislative Affairs Commission issued the draft to all provinces (autonomous regions and municipalities) and relevant departments of the central government for comments, and published the full text of the draft on the China People’s Congress website for public comments. The Law Committee and the Legal Affairs Committee of the 12th National People’s Congress jointly held a forum to listen to the opinions of relevant central departments, experts and scholars. The Constitution and Law Committee and the Legal Affairs Committee also went to some places to conduct research and listen to opinions; He also exchanged views with the Central Propaganda Department, the Ministry of Justice, the Ministry of Civil Affairs, the Department of Veterans Affairs, the State Civil Service Bureau and the Legislative Affairs Bureau of the Central Military Commission on issues related to the draft, and made joint research. The Constitution and Law Committee held a meeting on April 8, and deliberated the draft item by item according to the deliberation opinions of the members of the Standing Committee and opinions from all sides. Responsible comrades from the Central Propaganda Department, the Ministry of Justice, the Ministry of Civil Affairs, the Department of Veterans Affairs, the State Civil Service Bureau and the Legislative Affairs Bureau of the Central Military Commission attended the meeting as nonvoting delegates. On April 17th, the Constitutional and Legal Committee held a meeting and deliberated again. The Constitution and Law Committee believes that in order to strengthen the protection of heroic martyrs, safeguard social public interests and promote socialist core values, it is necessary to formulate this law. The draft embodies the spirit of the 19th National Congress of the Communist Party of China, adheres to a distinct value orientation, and is generally mature. At the same time, the following main amendments are put forward:

　　One,The second paragraph of article 4 of the draft stipulates the responsibility of the civil affairs department for the protection of heroic martyrs. According to the institutional reform plan of the State Council, the responsibility for the protection of heroic martyrs, which was originally undertaken by the Ministry of Civil Affairs, was transferred to the newly established Department of Veterans Affairs. After study, the Constitution and Law Committee suggested that the "civil affairs department" mentioned above be changed to "the department responsible for the protection of heroic martyrs". At the same time, the expressions of other relevant institutions involved in the institutional reform of the State Council stipulated in the draft have also been adjusted accordingly.

　　Second,Paragraph 2 of Article 22 of the draft stipulates that the names, portraits, reputations and honors of heroic martyrs shall not be infringed by radio or television. Some members of the Standing Committee and departments suggested that movies are also an important media, and corresponding regulations should be made on "movies". After research, the Constitution and Law Committee suggested adding the content that movies should not be used to infringe on the names, portraits, reputations and honors of heroic martyrs.

　　Third,The first paragraph of Article 23 of the draft stipulates that if online information and other departments find information infringing on the reputation of heroic martyrs, they shall require network operators to take measures such as stopping transmission. Some members of the Standing Committee and departments have suggested that necessary measures should be taken to block the spread of harmful information from abroad, which should be linked with the relevant provisions of the Cyber Security Law; Some departments also pointed out that in order to strengthen the management of harmful information, the regulatory responsibilities of telecommunications and public security departments should be clarified. After studying, the Constitution and Law Committee suggested adopting the above opinions, adding "telecommunications and public security" departments to the regulatory authorities, and adding the stipulation that "the relevant institutions shall be notified to take technical measures and other necessary measures to block the spread of the above information from outside People’s Republic of China (PRC)."

　　Fourth,Paragraph 3 of Article 25 of the draft stipulates that if a close relative of a heroic martyr brings a lawsuit against the name, portrait, reputation and honor of a heroic martyr, the people’s court shall waive the litigation fee. Some departments and experts have suggested that the method of paying litigation fees has already provided for the reduction and exemption of litigation fees, and this law can no longer provide for it. After study, the Constitution and Law Committee suggested adopting the above opinions and deleting this provision.

　　Five,Some members of the Standing Committee and the public suggested that in recent years, individuals in the society wore Japanese military uniforms during World War II to take photos and spread them through the Internet, which publicized and beautified the war of aggression, damaged national dignity, hurt national feelings and caused adverse social impact. It is necessary to clarify relevant legal responsibilities and severely crack down. After research, the Constitution and Law Committee suggested that this kind of behavior should be dealt with by strengthening education, management and increasing punishment, and combining with the protection of heroic martyrs, it is suggested to add targeted provisions: "Those who desecrate the deeds and spirit of heroic martyrs, publicize and beautify aggressive wars and acts, stir up trouble, disturb public order, and constitute violations of public security management, shall be punished by public security organs according to law; If it constitutes a crime, criminal responsibility shall be investigated according to law. "

　　There is still one problem to report. The expression of the scope of heroic martyrs in article 2 of the draft is generally agreed by all parties. At the same time, some members of the Standing Committee, local governments and departments suggested that the scope of heroic martyrs should be defined in the draft, and it was suggested that it should be further defined, and some even suggested that the list system of heroic martyrs should be stipulated. This issue has been studied repeatedly in the process of drafting and deliberation. The heroic martyrs protected by this Law include heroic pioneers and revolutionary pioneers who have made sacrifices and contributions to the country, the nation and the people in modern times, with the focus on countless heroic martyrs that have emerged in the history of the Communist Party of China (CPC), the People’s Army and the People’s Republic of China. To cherish the memory of heroic martyrs and carry forward the spirit of heroism, we are faced with the whole heroic martyrs, including more than 20 million martyrs who died heroically since the democratic revolution in China, and only about 1.96 million of them have been confirmed to be included in the list, so the list of martyrs alone cannot cover more unknown heroes. With regard to the protection of the honorary rights and interests of heroic martyrs, cases that infringe on the honorary honor of heroic martyrs in practice are generally directed at well-known heroic martyrs individuals or groups, and their heroic martyrs’ identities are clear. How to identify and identify heroic martyrs in practical work can be clearly defined by the relevant departments.

　　In addition, some textual amendments have been made to the draft.

　　On April 16th, the Legal Affairs Committee held a meeting, and invited grassroots law enforcement and relevant units, as well as some NPC deputies, survivors of martyrs, experts and scholars to evaluate the feasibility of the main system norms in the draft law on the protection of heroic martyrs, the timing of the introduction of the law, the social effects of its implementation and possible problems. The overall evaluation shows that the draft embodies the distinct value orientation of defending heroic martyrs, is conducive to inheriting and carrying forward the spirit of heroic martyrs, and cultivates and practices socialist core values, which is relatively mature. The institutional measures stipulated in the draft, such as the commemoration of heroic martyrs, the protection of memorial facilities, publicity and education, and the honor protection of heroic martyrs, are feasible, and it is suggested that they be implemented as soon as possible. Participants also put forward some specific amendments to the draft and adopted some opinions.

　　The second review draft of the draft has been revised according to the above comments. The recommendations of the Constitution and Law Committee were submitted to this meeting of the Standing Committee for deliberation and adoption.

　　Whether the second review draft of the draft and the above report are appropriate, please review.

????　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　The Constitution and Law Committee of the National People’s Congress

　　　　April 25, 2018

　　Recently, a "love sharing station" has been unveiled in major subway stations in Qingdao one after another. It not only provides passengers with a number of convenient services such as shared power banks, shared umbrellas, paper towel sales, and subway morning newspapers, but also provides emergency medical supplies such as medical kits and defibrillators. Once the machine was launched, it was well received by many passengers and praised it one after another.

　　The inventor of this project is Liu Tongxin, who is known as the innovation expert. Before that, he had invented and incubated more than a dozen innovative products such as hotel gathering multimedia systems, flexible screen laptops, and mural TVs. In recent years, what has made him famous is undoubtedly his original shared power bank technology solution and business model. "In 2014, I laid out more than 20 shared power bank patents. This is the earliest batch of patents in the field of shared power banks, and three of them are core patents." Liu Tongxin said that due to his original innovation and patent layout in the field of shared power banks, he is known as the "father of shared power banks".

　　Creativity comes from a trip to the United States

　　Liu Tongxin’s idea for the shared power bank project originated from a visit to the United States. In June 2014, Liu Tongxin followed a delegation to the United States to investigate innovation and entrepreneurship projects. One night, while he was out, his mobile phone and power bank were dead, which inspired him to invent a shared charging model.

　　"I thought at that time, if there is a box, I can put the power bank that is dead and replace it with a power bank with electricity, which can solve the charging needs of many users." Liu Tongxin believes that mobile phone users have a rigid demand for battery power in public places, and with the increasing number of smartphone users, the number of users sharing power banks will show a rapid growth trend.

　　With the idea of "shared charging", Liu Tongxin began to implement it. On the plane back to China, he designed a complete set of technical solutions for shared power banks. After returning to China, he immediately organized the technicians in the laboratory to set up a research and development team to start developing this technical solution.

　　At the same time as the technology development, he carried out patent layout. "For this project, we have submitted more than 20 patent applications and have been authorized successively. Among them, three patents are the core technologies in the field of shared charging, and their names are’An identifiable mobile phone rechargeable battery and its identification method ‘ (patent number: ZL201410666867.0),’ A mobile phone battery charging replacement system and charging method ‘ (patent number: ZL201410667099.0),’ A mobile phone battery charging case ‘ (patent number: ZL201410667122.6). This is the first batch of shared power bank patents, which is a real process from 0 to 1, and most of them are invention patents." Liu Tongxin said.

　　Product landing encounters confusion

　　In November 2014, Liu Tongxin began planning how to turn the drawings into real objects. Since there were no companies in Qingdao that produced power banks, he decided to send the R & D team to Shenzhen to seek partners for power banks.

　　In Shenzhen, the R & D team has reached a cooperation intention with a number of power bank manufacturers. When the two sides communicated the technical details, the engineers of the R & D team informed the other party of the technical solution, and later, they also showed them the patent application documents.

　　Liu Tongxin said: "At the end of 2015, I found shared power bank cabinets produced and launched by a Shenzhen Technology Co., Ltd. in several shopping malls in Shenzhen one after another. This was exactly the same as the technical solution of the shared power bank I designed. This surprised me very much. I realized that the technical solution may have been leaked. After I conducted a patent search, I found that this company submitted a large number of utility model patent applications after I submitted the patent application, and this company was raising money everywhere. It kept claiming to investors that they invented the shared power bank. This made me very angry. At that time, I especially wanted to take up legal weapons to protect my legal rights and interests. Later, this company launched several lawsuits against other shared power bank companies."

　　Look for partners cautiously

　　With the advent of the sharing economy boom, the business model of shared charging has gradually been recognized by the market, and the number of entrants has increased rapidly. As the inventor of shared power banks and the holder of core patents, Liu Tongxin is also known to more and more people. Many companies have come to seek cooperation, hoping that he can transfer the patent of shared charging to them. He told reporters: "The technical solutions used in the entire power bank industry are inseparable from my three core patents."

　　In this regard, Liu Tongxin had his own considerations. He hoped that his partners would be companies with big ideas, and he did not want patents to become a tool for corporate competition. After repeated consideration, he finally chose to cooperate with Shenzhen Street Electric Technology Co., Ltd. (hereinafter referred to as Street Electric).

　　Liu Tongxin believes that the market size and scale of Street Power and its strong financial strength can better translate his patented technology into products. "I hope to promote the development of this industry together with leading enterprises," Liu Tongxin said.

　　Businesses should promote innovation together

　　Standing in the trend of the sharing economy, shared power bank enterprises have been able to develop rapidly, but at the same time, the market competition in this field has become increasingly fierce, and patent disputes have also arisen. It is understood that, taking Street Electric as an example, there have been dozens of cases of patent infringement sued by Shenzhen Caller Technology Co., Ltd. (hereinafter referred to as Caller).

　　Since March 2017, Caller has initiated more than 30 patent infringement lawsuits against Jiedian in Shenzhen, Beijing, Guangzhou and other places, with a total amount of tens of millions of yuan. In addition, Caller also filed an injunction application with the Guangzhou Intellectual Property Court, asking the court to order Jiedian and others to stop the alleged infringement first.

　　In response to the lawsuit of the caller, Street Electric filed a request for patent invalidation on 7 patents of the caller, and the original Patent Reexamination Board made a review decision after the trial, of which 5 patents were claims of infringement that were declared invalid, 1 patent was claims of infringement that were declared partially invalid, and the other 1 patent was found not to be creative by the court in the administrative litigation of invalidation, and the original Patent Reexamination Board was ordered to make a new review decision.

　　In addition, Jiedian believes that Caller has filed 30 patent infringement lawsuits with the Beijing Intellectual Property Court and the Shenzhen Intermediate People’s Court (hereinafter referred to as the Shenzhen Intermediate People’s Court) on the basis of the same 6 patents. These 30 cases have the same parties; and the rights basis on which these 30 lawsuits are based are all the same 6 patents. In particular, the alleged infringing products involved in the 24 cases filed in the Shenzhen Intermediate Court are all the same type of cabinet products of Jiedian, which belong to the same litigation object. Jiedian believes that this is a typical duplicate lawsuit. Caller believes that it is not a duplicate lawsuit. At the same time, Jiedian believes that Caller is also suspected of spreading misinformation and misleading information, which is an act of unfair competition.

　　After the trial, the Shenzhen Intermediate Court ruled that Street Electricity’s lawsuit was established, requiring the caller to immediately stop the unfair competition, publicly apologize to Street Electricity on its official website, WeChat official account and more than ten media for the unfair competition, eliminate the negative impact, and compensate Street Electricity for economic losses and reasonable expenses of 5 million yuan. At present, the case is in the process of 2nd-round Moderation.

　　Regarding these patent disputes, Liu Tongxin believes: "The purpose of enterprises to carry out patent layout should be to build their own protective’armor ‘, rather than maliciously attack others."

　　"The market competition in the shared power bank industry should not be a zero-sum game, and the relationship between enterprises should be mutual promotion and common progress." Liu Tongxin said that at present, there is still a lot of room for innovation in the shared power bank industry in our country, and the shared power bank enterprises should focus on technological innovation, provide users with better services and create higher value. Only in this way can the entire industry develop better. (Intellectual Property News, Andy)