The development of free trade zone of Shanghai (FTZ) and rapid growth of IP related trade have made it a strong request to protect the IP at the FTZ. The figure shows that Shanghai Intellectual Property Court (SIPC) accepted 292 cases and concluded 242 cases concerning intellectual property from FTZ. In order to meet the need for intellectual property judicial protection, three specific measures will be taken at SIPC to meet the demand from FTZ.
With regard to enhancement of the mechanism for intellectual property protection, the collegiate bench for FTZ case will be established to integrate available judicial resources. Further, SIPC will cooperate with FTZ to improve the level of intellectual property creation, utilization and management by creating mutually a favorable legal environment and providing guidance and consultation. A team of excellent judges will be called to set up a judge working room to launch research on typical intellectual property cases and disputes in FTZ with the aim of dissemination and pre-warning.
In addition, the systematic efficiency will be fully utilized. In order to minimize cost in safeguarding the IP rights, a professional preservation system suitable for IP cases should be created. Technical experts should be fully involved and the judicial remedy should be efficient, prompt and convenient. Damages caused by IP infringement should be increased to take into consideration the market value of IP, level of innovation, and the willfulness of the infringement, etc. Deterrent effect should be strengthened for those repetitive infringement, willful infringement, etc.
Finally, a new working method should be innovated for effective protection of IP through exploring to establish unified judicial standard, professional trial system and mediation mechanism for intellectual property disputes.
