The Outlook of Judicial Protection for IP Development in China
2010/05/25,By Jiang Zhipei,[Comprehensive Reports]
IP judicial protection directly relates to the development of economics, technology and culture. Technology innovation, market development and culture prosperity raises new tasks for IP judicial protection. The international financial crisis nowadays also raises new challenge for IP judicial protection. Facing these new issues and challenges, the following aspects of work will be the focus of Chinese courts：
First, comprehensively enforce the Outline of the National Intellectual Property Strategy.
The Chinese government promulgated the Outline of the National Intellectual Property Strategy in 2008, which clearly stipulates “enhancing the construction of the judicial protection system”, “developing the leading force of IP judicial protection”. To achieve such ends, a series of detailed strategic measures have been stipulated including but not limited to, improving judicial efficiency and quality, enhancing the IP judicial protection strength, perfecting the IP judicial system and litigation system. On March 23rd in 2009, the Supreme People’s Court of PRC promulgated Opinions of the Supreme People’s Court on Several Issues Regarding the Implementation of the Compendium of China National IP Strategy, which stipulates 36 pieces of detailed opinions from 6 aspects. The Chinese court will actively adopt different measures according to the arrangement in the said Opinions, and build good IP judicial protection circumstances.
Second, keep on enhancing the Strength of IP Judicial Protection.
Improving IP protection, enhancing IP innovation, usage and management is very important to promote technology innovation and keep the development of the economy. Historical experience shows that an economic crisis is usually accompanied with a revolution in science and technology, which becomes the essential engine for the next economic development and prosperity. Facing the international financial crisis, the Chinese court clearly states that it will continue to steadily strengthen IP protection, fiercely crack down on counterfeiting, pirating and other serious infringing activities, and lower the cost to protect IP vigorously, enhance the infringement cost considerably and stop the infringement effectively. The Chinese court will protect the legitimate rights and interests of IP owners and a consumer, which makes enterprises have innovation motive, makes individuals have creative passion and makes society have creativity energy.
Third, explore how to perfect the IP Judicial System.
A reasonable IP judicial system is very important to effectively protect IP rights and the interests of IP right owners. The Chinese court will actively explore and perfect the IP judicial system, realize uniform and high efficient IP judicial protection according the Outline of the National Intellectual Property Strategy. The practice proves that establishing a specialized IP tribunal in the people’s court agrees with the Chinese judicial system, and it benefits guarantee of the judgment quality of IP cases, training persons for IP judgment and accumulating judgment experience. Sticking to the said basic method, Chinese courts will continue to explore to establish specialized IP tribunals accepting civil, administrative and criminal cases together, and to integrate and optimize judicial resources. The court will also thoroughly study the feasibility and necessity to establish an IP appellate court according the requirement of perfecting the IP appeal procedure, gradually realize the efficient connection between IP right confirmation and infringement litigation procedures, actively promote the simplification of patent and trademark confirmation and grant, as well as study the transformation of patent invalidation and trademark appeal organizations to quasi judicial organizations.
In the judicial reform of China, we are paying more attention to the transparency of judicial enforcement, the honesty of judicial adjudication, and the communication between judicial institutions and civilians. We are also creating a more attractive environment for the development of enterprises during the global financial crisis.
Fourth, continue strengthen the judicial interpretation work.
Issuing judicial interpretations is the right and responsibility entitled to the Supreme Court by the law. Judicial interpretations in China shall be applied for China’s courts at all levels. The Supreme Court will raise new questions about IP judicial protection according to the economics and technology development based on the requirement of IP judicial protection. It will guide judicial work by issuing judicial interpretations in time and make efforts to unify the judicial standard. Now the Supreme People’s Court is working on drafting a judicial interpretation regarding the judicial standard of patent infringement. A draft version was disclosed on the Internet on June 19th, 2009 in order to collect comments from society. The judicial interpretation regarding antitrust civil litigation is also being drafted. In the next few years, the Supreme Court will further establish and perfect relevant litigation procedures such as judicial IP authentication, expert witness, technical investigation and interim measures before litigation etc.
The improvements and developments of the intellectual property protection system will provide a sound legal environment for the stable and rapid economic development of China, and such improvements and developments will also provide positive influences on the economic development and intellectual property protection for other countries around the world.
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