2012年中国法院知识产权司法保护状况(英文)(14)
Second, continued to fine-tune the jurisdiction structure of intellectual property cases. While concentrating the adjudication of cases involving patent, well-known mark and anti-monopoly dispute in certain courts as appropriate, certain basic-level courts are given an appropriate level of authority to accept intellectual property cases. Basic-level courts are encouraged to exercise extra-regional jurisdiction, in order to create a more logical jurisdiction structure. As at end 2012, SPC has appointed 83 intermediate people’s courts to adjudicate cases involving patent disputes, 45 for new plant varieties, 46 for topographies of integrated circuits, and 44 for determination of well-known marks; 141 basic courts are given jurisdiction for general intellectual property cases.
Three, continued improving the fact-finding mechanism for specialised technologies. The courts of all levels have explored effective fact-finding methods for specialised technology in intellectual property adjudication, which encompass forensic examination, expert assistant (zhuanjia fuzhuren) and expert assessor (zhuanjia peishenyuan) as part of the technical fact-finding system. Much effort has been taken by the courts in different regions:
The Heilongjiang Province High People’s Court has developed the Heilongjiang Province Rules of Implementation for Consultation in Scientific & Technological Matters in Intellectual Property Adjudication; Inner Mongolia Autonomous Region High People’s Court has signed a memorandum of cooperation on judicial protection of intellectual property with the region’s science and technology association, and have appointed 25 technical experts as litigation assistants; Jiangsu Province High People’s Court has outlined the method of use of expert witnesses during intellectual property litigation in the Practical Uses of Expert Witnesses in Adjudication of Intellectual Property Cases; the Urumqi Intermediate People’s Court uses expert assessors for all intellectual property cases; Beijing 2nd Intermediate People’s Court has employed the “three-member technical team, and five-member adjudication panel” to try patent cases involving complex technical fact-finding. The courts of Tianjin, Xinjiang, Hubei, Hunan and Sichuan have been actively exploring the expert technical assessor system, and have appointed experts to be lay judges to plug the specialised technical knowledge gaps of intellectual property judges.
总共25页
[1] [2] [3] [4] [5] [6] [7] [8] [9] [10] [11] [12] [13] 14
[15] [16] [17] [18] [19] [20] [21] [22] [23] [24] [25] 上一页 下一页