On Nov. 10, Doc. Jiang Zhipei, presiding judge of IP Court of China Supreme People's Court, said in a speech at a study program for IPR reporters, that Chinese courts at various levels should attach more attention to four following types of IP cases:

1. Cases involving patent, technological secret, computer software, etc.

Except carefully handing these cases with laws, the court also needs to explain the patent right range in a scientific way, to apply right infringement judging method, and to strictly identify the equivalent characteristics in patent infringement cases, so as to provide proper and reasonable protection to innovative achievement.

The protection to independent IP, especially those bring about dramatic breakthroughs in economy or in technology, should be further enforced.

2. Cases involving in trademark, geographical indications and any unfair competition.

These cases should be legally dealt with, and market competition should be regulated to guarantee a sound economic order. The recognition of well-known brand ought to be handled carefully so as to take the right lead in development direction, while the recording and supervision to well-known brands should be strengthened.

3. Cases involving to copyrights, audio-video or other artistic works.

Except dealing these cases in legal way, the court should think over how to promote the healthy development of copyright and relevant industries. As the member of two international copyright treaties on international internet have taken into effect in China, those cases involving internet copyright, relative technology or other new IP ought to be settled legally for the dissemination and usage of information and knowledge.

4. Cases involving foreign companies or individuals, foreign-invested enterprises.

With the regards to the commitment China has ever made to international community, the situation of our country, and with a principle equivalent protection to all, we should provide protection on legal interest of all parties from home and abroad, firmly resist either regional or industrial protectionism, and meanwhile, avoid actual super national treatment.

Mr. Jiang noted that more severe punishment should be given to the infringement on IPR by fully applying the existed laws and regulations, and while the abuse of IPR, which is harmful to a fair competition, will be regulated. Moreover, great importance should be attached to the IP judge team, and more training should be available. IPR trial system and work mechanism should be renovated constantly to take advantage of the legislative resources.

This training program is the first one organized in China mainland for IP journalists, and Mr. Jiang was invited to give a lecture on Legal Protection of IPR and Case Study.

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