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).
A registered trademark that has been used for a relatively long period of time, that has established a relatively good market reputation and that has given rise to its own relevant public may not be cancelled lightly (Article 9).
In principle, where a dedicated law has fully provided for matters, the Anti-unfair Competition Law is not to be used to broaden protection. In general, the scope of protection of acts that, in the special provisions of the Anti-unfair Competition Law, are accorded exhaustive protection may not be broadened by referring to the provisions on principles of said Law (Article 11).
Related legislation: PRC Patent Law (3rd Revision), Dec 27 2008, CLP 2009 No.1 p.6; PRC Trademark Law (2nd Revision), Oct 27 2001, CLP 2001 No.10 p.75; PRC Anti-unfair Competition Law, Sep 2 1993, CLP 1993 No.9 p.31; and PRC Anti-monopoly Law, Aug 30 2007, CLP 2007 No.8 p.28
clp reference:5100/09.04.21prc reference:法发 〔2009〕 23号promulgated:2009-04-21
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