In recent years, the Supreme People’s Court has been promoting the Case Guiding System in China. However, the practice showed that such system didn’t achieve the desired results. According to the president of Beijing Intellectual Property Court, the emerging new technologies and new business models calls for intellectual property precedents so that the judges can play an active role of supplementing the judiciary and formulating the law.
It was further pointed out that analysis of precedents has become inappropriate for judges of later-filed cases. Dependence on precedents may cause harm to the judicial fairness. Only the effective judgments made by the courts can be regarded as precedents although public security and procuratorial organs have the role of case guidance. Of course, the condition of establishing precedent system is the openness of the judicial system which enables lawyers, persecutors, parties in suit and the public to get access to court judgments conveniently.
