2012年中国法院知识产权司法保护状况(英文)(19)
In February, Xi Xiaoming, Vice-president of SPC gave a keynote speech at the first workshop for presiding judges of intellectual property divisions on the topic “Grasping Precisely the Current Policies on Judicial Protection of Intellectual Property to Further Strengthen Judicial Protection for Intellectual Property”. For the first time, he gave a comprehensive explanation of how the SPC’s intellectual property tribunal has actively explored the judicial policy of “strengthen protection, classification, appropriate stringency”. These are the basic tenets on which our judicial protection of intellectual property is based. To “strengthen protection” is the necessary path, given our socioeconomic situation as well as the domestic and international environment; “classification” is the necessary requirement, given the nature and characteristics of intellectual property; “appropriate stringency” is the demand, given the implicit connection between protection of intellectual property and economic development.
Broadened ways of providing supervision and guidance to improve quality of adjudication
In 2012, the people’s courts have relied on a variety of methods, such as published guiding opinions and guiding cases, organised meetings on adjudication operations, and announcing information on major and related intellectual property cases to broaden the means of supervision and guidance to improve the quality of adjudication.
In December, SPC has issued a notice on “Issues Regarding the Implementation of the ‘Decision of the Standing Committee of the National People’s Congress on Amendment of the Civil Procedural Law of the People’s Republic of China’ in Intellectual Property Adjudication”. The notice highlighted the importance of implementing the Decision on Amendment of the Civil Procedural Law (“Decisions”) for intellectual property adjudication, and set forth matters as a patent agent becoming an agent ad litem in the capacity of a citizen, and correct application of the pre-trial preservation of evidence, to guide the courts in applying the Decisions correctly in the course of their intellectual property adjudication.
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