Supreme People's Court, Opinion on Several Issues Concerning the Thorough Implementation of the State Intellectual Property Strategy
最高人民法院关于贯彻实施国家知识产权战略若干问题的意见
April 16, 2009 | BY
clpstaff &clp articles &Overlap between IP and unfair competition tackled.
Published: March 30 2009
Main Contents: The Opinion suggests increasing liability for compensation for malicious infringement, repeated infringement, large-scale infringement and other such serious forms of infringement (Article 5).
Patent rights shall be protected in accordance with the law based on national conditions and guided by the requirements of the state strategy. The guidance function of intellectual property judicial policy in scientific and technological innovation activities shall be enhanced while balancing the interests of rights holders, users and the public (Article 9).
When effectively responding to the challenges posed to the protection of copyrights by the development of the internet and other such new technologies, it shall not only encourage the development and application of new network technologies and new business models and promote the spread of information, but also fully take into consideration the specific features of internet infringement and the difficulties in safeguarding rights, improve evidentiary rules under a network environment and effectively protect copyrights (Article 11).
With respect to unfair competition, the legislative spirit and applicable conditions of the PRC Anti-unfair Competition Lawshall be accurately grasped. It is necessary not only to progress with the times and apply the principles and provisions of the PRC Anti-unfair Competition Law to regulate and adjust new acts of competition in the market, but also, in strict accordance with the law, to only determine acts of competition that are not expressly provided for in laws as being acts of unfair competition if they can be determined to be in violation of the provisions and principles of the PRC Anti-unfair Competition Law based on commonly recognised commercial standards and common sense, and to guard against obstruction of liberty and fair competition due to inappropriate enlargement of the scope of the methods of unfair competition. In competitive sectors where there are neither trade secrets nor non-competition restrictions in law or in contract, the provisions and principles of the PRC Anti-unfair Competition Law may not be applied to arrive at a determination of unfair competition simply on the grounds of use of or harming specific competitive advantages (Article 15).
The Opinion puts forward the consideration of the establishment of specialised intellectual property trial courts charged with accepting all civil, administrative and criminal intellectual property cases, and exploration of the establishment of intellectual property appeals courts (Articles 25 and 26).
The Opinion also promotes the reform of the procedures for confirming and granting patents and trademarks. With the objective of simplifying relief procedures, the Supreme People's Court will consider the issue of transforming patent invalidation trial and trademark review and adjudication institutions into quasi-judicial institutions and actively promote the revision of relevant laws (Article 27).
Related Legislation: State Intellectual Property Strategy, Jun 5 2008
clp reference:5100/09.03.30promulgated:2009-03-30This premium content is reserved for
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