Supreme People's Court, Opinion on Several Issues Concerning the Serving of the Main Objective When Handling Intellectual Property Trials in View of the Current Economic Situation

最高人民法院关于当前经济形势下知识产权审判服务大局若干问题的意见

June 06, 2009 | BY

clpstaff &clp articles

Opinion on court trials to protect the fostering of domestic intellectual property.

Issued: April 21 2009

Main contents: The Opinion advises people's courts in their trial of patent, trademark and unfair competition cases.

To correctly interpret claims for invention and utility model patents and accurately define the scope of patent protection, the scope of patent protection may neither be restricted in a simple manner to the strict literal meaning of the claims nor may the claims be treated as technical guidelines to which free rein can be given, but rather by taking a stance midway between the foregoing two extreme positions (Article 4).

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