In order to implement the National Intellectual Property Strategy, the Supreme People’s Court (SPC) recently released the Opinions on Several Issues Concerning the Intellectual Property Trial in View of the Current Economic Situation.
According to the Opinions, IPR judicial protection should serve the overall national economic development to help overcome the difficulties due to the current domestic and international financial crisis. The courts at all levels are required to meet the expectations under the current situation and enhance its roles in handling IPR disputes, promoting the national independent innovation, encouraging the development of independent brand.
In particular, the courts should accurately follow the judicial policy for patent protection and determine the reasonable scope and protection. The patent rights should not become a barrier to block the technological progress and keep away the competitors. The opinions also require that the principles and methods in determining the patent infringement should be correctly applied, and the rules interpreting the claims and standards of infringement comparison should be further improved. To be specific, the scope of patent protection should not be limited to literal meaning only. In addition, file estoppel should be used to estopped the patentee from claiming those substantial contents he already gave up or limited during the prosecution of the patents.
With regard to the trademark protection, the courts should create a favorable environment for famous brands and their development in order to stimulate the demand for consumption, promote the economic growth and strengthen the domestic and international competitiveness of Chinese enterprises.
Measures should be taken to handle the disputes between registered trademarks, name of enterprises and prior rights. The unfair competition caused by free-riders should be strictly prohibited.
The opinions provide that cautions should be taken in using pretrial orders, especially in patent infringement cases. With regard to the damages, deterrence and punitive effect should be strengthened in order to lower the cost in enforcement and raise the cost for infringement.
The opinions also call on studies of the new IP issues occurred in the economic activities and should insist on equal protection against any form of local protectionist.
