Nearly 1,000 IP Cases Sentenced in IP Judicial Protection Month

On November 24, Supreme People's Court passes judgment on the case of the copyright dispute between Hong Ruding, Han Wei and Guangdong Dasheng Culture Communication Co. Ltd., Guangzhou Audio-Video Publishing House. After that, local courts of various levels pronounce judgments on a batch of 962 IP cases in a centralized manner, including 179 patent cases, 243 trademark cases, 444 copyright cases, 38 cases of anti-unfair competition, 21 cases of IP contracts and 37 cases of other types, putting an end to the Action Month of Strengthening IPR Judicial Protection with a theme of "Judicially Protecting Rights and Encouraging Innovation".

The pilot project of "three-in-one" special IP tribunal continued

During the action month, Supreme People's Court formulates the Opinions of the People's Courts on Implementing the Compendium on China National IP Strategy (draft for opinion solicitation), which is discussed at the national working conference of IP case trial of the courts.

Courts in areas such as Jiangsu, Zhejiang, Shanghai, Henan, Sichuan, Hubei and Anhui have formulated guiding documents according to their respective situations. Local courts in other areas also issue concrete measures to implement the work related to people's courts in the Compendium on China National Strategy.

According to Kong Xiangjun, Deputy Presiding Judge of IP Tribunal of Supreme People's Court, in order to fulfill the requirements of improving IP case trial system and optimizing trial resource allocation stipulated in the national IP strategy, nine intermediate courts and 14 grassroots courts have launched a pilot project of one tribunal handling IP cases of various types in a unified manner. Intermediate courts throughout Fujian Province have launched the pilot project of one tribunal trying IP civil and administrative cases. Henan Province also plans to conduct the "three-in-one" pilot project of trying civil, administrative and criminal cases in one tribunal in intermediate courts in the province. Chongqing Higher People's Court adopted the "three-in-one" mode of linking courts of three levels within the municipality.

"We should continue to summarize the experience of the pilot project of an IP tribunal trying IP civil, administrative and criminal cases according to the requirements of the national IP strategy and combining the spirit of the Central Government in judicial system reform," said Mr. Kong.

Rise of IP trial level and innovation stimulation

The strengthening of IPR judicial protection will surely promote innovation stimulation. During the action month, courts in various regions fully realize the roles of IPR judicial protection in ensuring and promoting the implementation of the national IP strategy and construction of a innovative country, and have adopted a series of measures to plan and implement the requirements of the national IP strategy, setting off a new climax of focusing on and strengthening the trial work of IP cases.

Since November 10, Supreme People Court has heard five IP cases with great social influences such as patent infringement of flue gas desulfurization, trademark infringement of Honghe, Kewan patent invalidation administrative dispute, trademark infringement and unfair competition dispute of Zhengye, and dispute of Sun Nan performer's right.

More than 180 people, including deputy to the National People's Congress, members of the Chinese People's Political Consultative Conference, renowned experts and scholars and social public attend the trial of the patent infringement of flue gas desulfurization as visitors. Supreme People's Court also live broadcast the trial of the dispute of Sun Nan's performer's right via the internet for the first time.

"It is the important channels of the people's courts to improve the trial level of IP cases to try cases publically so as to receive people's supervision, and hold symposium of representative personnel for their opinions on strengthening the trial work of IP cases," said Mr. Kong.

Showcase of the guiding roles of IPR judicial protection

The guiding roles of IPR judicial protection require people's courts to fully exert their trial functions and publicize the great achievements made in IPR judicial protection through various channels so as to establish the authority and public credibility of IPR judicial protection throughout the society.

During the action month, Supreme People's Court and various higher people's courts publicize a large number of typical cases or cases with great social influences of IPR judicial protection, attracting the attentions from the whole society and arousing universal applause. Some of the cases are of great legal significance by clarifying the borders of laws or filling the gap in laws, promoting the IP legal progress and influencing the recognition and understandings of the social public and related units to IP laws and regulations.

"The results of the cases well unify the legal and social effect with great guiding and demonstration values," noted Mr. Kong.

2013-07-17