25 August 2021
On April 22, 2021, in order to implement the new development concept, build a new development pattern, and promote high-quality development to provide powerful judicial services and guarantees, the Supreme People's Court promulgated the "People's Courts' Judicial Protection Plan for Intellectual Property Rights (2021-2025)", Comprehensively strengthen the judicial protection of intellectual property rights. The specific key content is as follows:
1. General requirements
(1) Guiding ideology.
Adhere to the guidance of Xi Jinping Thought on Socialism with Chinese Characteristics for the New Era, continue to strengthen judicial protection of intellectual property rights, continuously optimize the legal environment for intellectual property rights, and provide solid judicial services and guarantees for building a country with intellectual property rights, a powerful country in science and technology in the world, and building a modern socialist country in an all-round way.
(2) Basic principles.
Ensure the correct direction of the development of judicial protection of intellectual property rights. Continuously enhance the overall effectiveness of judicial protection of intellectual property rights. Protect innovation in innovative ways, and continue to promote the development of high-quality intellectual property trials. Promote the construction of a new development pattern in which the domestic cycle is the main body and the domestic and international double cycles promote each other.
(3) The overall goal.
By 2025, the specialized trial system and judicial system for intellectual property rights will be more complete, and the overall quality of the trial team will be significantly improved.
2. Give full play to the role of intellectual property rights trial functions
(1) Strengthen the protection of scientific and technological innovation achievements.
Fully implement the patent law, give full play to the advantages of centralized trial of patents and other technical cases, strengthen the rule-leading and value-oriented functions of judicial adjudication in the protection of scientific and technological innovation achievements, and effectively enhance the ability and effectiveness of service innovation to drive development.
(2) Strengthen the protection of copyright and related rights.
Fully implement the copyright law, give full play to the guiding and guiding function of copyright trials for excellent culture, promote the core socialist values, and promote the development and prosperity of cultural and scientific undertakings.
(3) Strengthen the protection of commercial signs.
Strengthen the judicial protection of trademark rights, promote the cultivation of well-known brands and the development of trade in goods and services, enhance the competitiveness of enterprises, and promote the building of a brand power.
(4) Strengthen anti-monopoly and anti-unfair competition trials.
Strengthen the trial of anti-monopoly and anti-unfair competition cases, strengthen the basic status of competition policy, formulate relevant judicial interpretations in a timely manner, clearly regulate various types of monopoly and unfair competition, eliminate market blockades, and promote fair competition.
3. Optimize the working mechanism of intellectual property rights protection
(1) Improve the intellectual property rights trial guidance system guided by judicial interpretations and judicial policies, guided by guiding cases, and referenced by typical cases, optimize the professional judge conference system, improve the search system for category cases and new types of cases, and build a unified Law application standard mechanism.
(2) Improve the diversified dispute resolution mechanism.
Fully relying on the mediation platform of the people's courts, vigorously promote the mechanism of appeals and mediation of intellectual property disputes, and effectively put the non-litigation dispute resolution mechanism in the forefront.
(3) Strengthen administrative law enforcement and judicial linkage mechanism.
Further promote the online and offline integrated development of intellectual property rights protection, and strengthen coordination and cooperation with the administrative functional departments of intellectual property rights.
(4) Deepen the international cooperation and competition mechanism of intellectual property rights.
Promote the extraterritorial application of relevant laws and regulations on intellectual property rights in my country, and effectively protect the overseas security and legitimate rights and interests of Chinese citizens and enterprises. Strengthen international judicial cooperation and coordination, properly resolve international parallel litigation, and safeguard national security in the field of intellectual property rights.
For further information, please contact:
Wu Di, Lee Tsai & Partners
lawtec@leetsai.com
