According to a press conference of the Action Month of IPR Judicial Protection, targeting the influence of the global financial crisis to China's economic development, Supreme People's Court is considering reducing its negative influence to China's real economy through adjusting judicial policy on patent and trademark.

Kong Xiangjun, Deputy Presiding Judge of IP Tribunal of Supreme People's Court points out that related judicial policy should be issued timely to strengthen the guiding and adjusting roles of judicial policy under the overall situation of the national economic, political, social and cultural development. Facing the severe global financial crisis, Supreme People's Court is considering reducing the influences of the financial crisis with related departments through adjusting IP judicial policy so as to promote China's national competitiveness and anti-risk capacity for stable and fast economic development.

Mr. Kong notes that measures should be taken to strengthen the protection of agricultural registered trademarks and geographical indications, and properly apply the legal liability of halting right infringement on the basis of maintaining the public interests and ensuring the survival of enterprises and social stability.

Meanwhile, people's courts should also enhance the judicial punishment to effectively restrain IPR infringement activities. "In applying the legal compensation, the sufferers' reasonable cost in safeguarding rights should be calculated separately from the legal compensation. Efforts should be made to implement the all-round compensation principle and use flexible and reasonable measures to calculate the compensations so as to sufficiently compensate right holders for their damages and deprived right infringers of all their interests from the infringements," said Kong.

In addition, as China is implementing its national IP strategy, Supreme People's Court plans to issue the Opinions of the People's Court on Implementing the National IP Strategy in the near future on the basis of combining the opinions and suggestions of related departments and courts in various regions.

(Legal Daily reporter Yuan Dingbo and reporter on probation Zhang Liang)