Vice President of Supreme People's Court: Stop Abuse of IPR

Jianming Cao, vice president of China Supreme People's Court said at the Tea Party of the Chinese Courts IPR Trials, we should balance our efforts in encouraging innovation and maintaining fair competition in IPR trials. IPR protection should comply with existing laws without going beyond the provisions of laws.

The recent market monopoly and resistance to fair competition by some technologically advanced companies has raised some public attention, some even leading to civil lawsuits.

Cao reaffirmed the importance of stopping IPR abuses. "We should steadfastly stop illegal technological monopoly and obstruction of technological advancement through trying anti-trust cases related to the Anti-Unfair Competition Law and the Contract law, especially cases of technological contracts disputes. Fair competition should be maintained by identifying invalid terms in technological contracts that result in R&D restricted, compulsory grant-back, implementation obstructed, bundling sale, limited release and validity suspicion stopped."

"Any IPR products must be protected to encourage innovation. Other products shall be put in the public domain to ensure the free use and competition," said Cao.

With the implementation of the strategy of building an innovative nation and the progress in IPR protection, China has been revamping its IPR policies. The nation's IPR strategy is being developed and expected to be promulgated soon. The Standing Committee of the National People's Congress has recently ratified China's accession to the WIPO Copyright Treaty (WCT) and the WIPO Performances and Phonograms Treaty (WPPT). China is amending some basic laws such as the Patent Law and the Trademark Law. The drafting of the Anti-Trust Law, the Law on Protection of Business Secrets and the Regulation on Protection of Folk Literature and Arts has been put high on the Congress' working agenda.

(Xinhua)

2013-07-17