2012年中国法院知识产权司法保护状况(英文)(13)
In 2012, the people’s courts have continued to improve upon intellectual property-related adjudication system and work mechanisms based on the Outline of the National Intellectual Property Strategy, to advance the National Intellectual Property Strategy.
First, promoted the pilot project of centralised adjudication of civil, administrative and criminal cases on intellectual property by the intellectual property division (“three-in-one” adjudication of intellectual property disputes), and improved upon the coordinated adjudication mechanism of civil, administrative and criminal matters relating to intellectual property, such that the overall effectiveness of judicial protection of intellectual property is given play preliminarily. As at end 2012, there were 5 high people’s courts, 59 intermediate people’s courts and 69 basic-level courts that have initiated the pilot project. There are several interesting developments:
In 2012, the Guangdong courts have gone full steam ahead in implementing the reform pilot programme of “three-in-one” adjudication of intellectual property disputes. The provincial court, 19 intermediate courts and 30 basic-level courts have begun implementing the system, where 90% of criminal intellectual property cases were included in the pilot. The Shenzhen Intermediate People’s Court has done so well in the “three-in-one” reform, and the social media has referred to its distinctive model as the “Shenzhen Model”.
The Jiangsu High People’s Court has stepped up its study of the application of the law for criminal intellectual property matters in the “three-in-one adjudication” reform pilot programme, and has led the completion of the Summary of Issues in the Application of law in Intellectual Property Disputes (Draft for Public Opinion).
The courts in Inner Mongolia, Shandong, Hunan, Sichuan, Fujian and Guizhou have also relied on various methods to strengthen cooperation with the administrative and law enforcement authorities to drive the “three-in-one” pilot programme for adjudication of intellectual property disputes.
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