Increased adjudication supervision and guidance, and ensured consistency in application of law
　　The people’s courts have stepped up adjudication supervision and operational guidance for intellectual property cases, unified the judicial standards and improved the quality of adjudication. First, judicial interpretations were strengthened, judicial policies improved, and exercise of discretion during adjudication unified; second, the ways of providing supervision and guidance were broadened to improve the quality of adjudication; third, research and analysis was stepped up to resolve promptly any emerging or difficult problems in application of law.
　　
　　　Strengthened judicial interpretation, improved judicial policies and unified exercise of discretion during adjudication
　　　In May, SPC released the Provisions on Issues Relating to the Application of the Law in Adjudicating Civil Disputes Arising from Monopolistic Behaviour. This was the first judicial interpretation pertaining to anti-monopoly that SPC has issued, providing for initiation of action, accepting a case, jurisdiction, distribution of burden of proof, evidence in litigation, civil liabilities, statutory limitation etc. It was essential for guiding the courts in applying the Anti-Monopoly Law correctly to stop monopolistic behaviour according to law and to ensure fair competition.
　　　In December, SPC issued the Provisions on Issues Relating to the Application of the Law in Adjudicating Civil Disputes Involving the Infringement of the Right to Network Dissemination of Information. This was a judicial interpretation that provided for the principles on which discretion is exercised in cases involving infringement of the right to network dissemination of information, determination of infringement behaviour, determination of joint-direct infringement, induced infringement and contributory infringement, and determination of objective fault on the part of the network service providers. It is an effective tool for dealing with the impact and challenges that the internet presents for the traditional protection of copyright and for ensuring the correct application of the Copyright Law.

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