Carrying forward the spirit of heroic models has an important motivating and leading role in building a strong court team. In recent years, a large number of heroic and exemplary figures have emerged in the court system of the province, and their vivid deeds show the vivid practice and lofty spirit of the cadres and policemen of the people's courts in the new era who have not forgotten their original intentions, kept their mission in mind, served the people in the judiciary, and administered justice impartially. In the process of in-depth promotion of the education and rectification of the contingent of courts throughout the province, through the excavation and publicity of the typical deeds of heroic model figures in the provincial courts, we will further give play to the advanced exemplary role of heroic models, and stimulate the lofty righteousness, vigorous vitality, and vigor of struggle of the vast number of cadres and policemen in the people's courts.
Biography
Lu Chao, born in August 1973, is currently the president of the Intellectual Property Division of the Wuxi Intermediate People's Court and a senior judge of the fourth level. He has successively won the honors of "Advanced Individual in Intellectual Property Trial Work" in Jiangsu Province and "Advanced Worker" in the political and legal system of Jiangsu Province.
For Lu Chao, the greatest significance of the intellectual property trial is to establish adjudication rules and guide social value orientation. In the trial of cases, he attaches great importance to the study of the universal problems embodied in disputes, establishes adjudication rules through adjudication reasoning, provides corresponding guidance for the trial of relevant cases of the same type, and correctly guides the public's value judgments.
Carry forward the spirit of heroic models
"If the intellectual property is strong, the innovation is strong; if the intellectual property is weak, the innovation is weak." Every trial of Lu Chao conveys such an idea to the society.
Otway Technology is a local smart equipment manufacturer in Wuxi, in February 2010, shortly after operation, the company's solar cell string welding equipment was sued for infringement of others' patent rights. Faced with this situation, the collegial panel with Lu Chao as the presiding judge explored and learned background technology, organized on-site inspection of equipment, and after strict comparison of technical features, finally found that the alleged infringing product did not fall within the scope of protection required by the patent in question, and rejected the plaintiff's infringement litigation claim.
Otway Company, a rare company, has continued to invest in research and development in the past ten years, and has mastered more than ten core technologies through independent research and development innovation, as of the end of 2019, the company has obtained 512 patents, becoming a leading enterprise in photovoltaic module equipment.
In the trial of the case of infringement of the trade secrets of The German BWF, Lu Chao led the trial team to solve the plaintiff's difficult problem of presenting evidence in the trade secret litigation by means of evidence preservation and fixed facts, technical appraisal and disclosure of right and wrong, etc., and protected the core interests of the plaintiff, The German BWF Company, in accordance with the law, equality and strength, and gave a shot of "cardiotonic agent" for the foreign-funded enterprise to take root in Wuxi.
In 2017, Lu Chao tried the "Yonghe Soybean Milk" trademark infringement case of Hongqi Yonghe Company and Haohe Company, which was a case of malicious use of trademark fraud to attract franchisees, and finally applied punitive damages in accordance with the law, ordered the defendant to bear 2.9 million yuan in damages, and issued the highest intellectual property infringement "fine" in the history of Wuxi, reflecting the most stringent judicial concept of protecting intellectual property rights.
Most of the intellectual property cases are complex, and there are many problems such as difficulty in applying the law, difficulty in appraisal, and difficulty in identification, which test the wisdom of judges. "No matter how difficult the case is, as long as Lu Ting comes out, we have confidence." In the eyes of collegial panel member Feng Fang, Lu Chao is the "dinghai god needle" in the team.
From the beginning of the fear of difficulties, overwhelmed to the current sophistication and professionalism, Lu Chao has always had a reverential heart for intellectual property trials, whether it is for the parties or lawyers, Lu Chao has given great patience. In the trial, Lu Chao never interrupted the parties' statements, often using inductive language to guide, he believes that patience is the character that a judge should have in the trial, and it is a quality that a good judge must have.
In addition to his enthusiasm in business work, Lu Chao also promoted the establishment of the Wuxi Intellectual Property Trial Expert Database to solve the technical investigation problems involved in the case; actively carried out the publicity of intellectual property day popularization; and repeatedly gave lectures on intellectual property topics for listed companies such as Falsheng Group, Xingcheng Special Steel, and Aotewei Technology, which were widely praised.
Twenty years as a day, this persistence, not only with love, but also with the original intention of the year.
Journalist's Note
A lawyer who is dedicated to handling cases
Because I like it, I cherish it, and because I love it, I am persistent. Listening to Judge Lu Chao's story about the twenty years of handling cases in the Intellectual Property Tribunal, I not only sighed that there are many twenty years in life that can be done with heart, and I do not regret it.
"President Lu has participated in the pre-trial collegial meeting the most times, and he has great respect for the opinions of the members of the collegial panel." Collegial panel member Feng Fang said. "When encountering difficult problems, he usually sends his own case handling ideas and handling methods to the work group for everyone to discuss and learn from others."
"He often gives business guidance to grass-roots courts and carefully answers various difficult questions we raise." Wang Fang, president of the Intellectual Property Division of the Jiangyin Court, told me.
In the interview with Lu Chao, I deeply experienced the patience, concentration, responsibility and persistence of a legal person. But at the same time, I also saw his moral cultivation rooted in his heart.
(He Wei)