2013年中國法院知識產權司法保護狀況（雙語）
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Focused on achieving greater judicial impartiality and credibility, and buttressed adjudication supervision and administrationJudicial impartiality is an important aspect in establishing the rule of law in China. It is the lifeline of the people’s courts and the fundament for establishing judicial credibility. In 2013, the people’s courts have focused hard on judicial impartiality and judicial credibility as the main guideposts to improve the norms for judicial protection, strengthen adjudication administration and supervision mechanism, and intensify guidance for adjudication and research. These undertakings would improve the quality and efficiency of intellectual property adjudication, and ensure that every case heard, could stand up to the test of the law, of history and of the people.
(i) Established robust judicial protection regulations, and facilitated uniformity in the standards employed in judicial protection
§ Further strengthened judicial guidance. To ensure that the amended Civil Procedural Law is correctly applied and that patent cases are adjudicated smoothly, SPC issued on January 2o13, the Supreme People’s Court Notice Regarding Printing the List of Patent Agents Recommended by the All-China Patent Agents Association to regulate participation of patent agents participating in civil procedures involving patent dispute.
To ensure that the newly amended Trademark Law is correctly implemented, SPC has promptly drafted and published the Supreme People’s Court’s Interpretations of Issues Regarding Jurisdiction and Scope of Application of Law during Adjudication of Trademark Disputes after the Implementation of the Decision on the Amendment of the Trademark Law.
§ Further strengthened adjudication guidance. In March 2013, SPC convened the 3rd National Work Conference on Intellectual Property Adjudication in Xi’an of Shanxi Province. The conference adopted the principles and spirit of the 18th Party Congress and the 1st session of the 12th National People’s Congress. Participants reviewed the results and experiences of the people’s courts in adjudication of intellectual property during past five years, analysed the current situation, and identified the guiding principles and tasks pertaining to intellectual property adjudication now and during the subsequent period. Issues that require particular attention when applying the law during intellectual property adjudication were also studied. The conference was extremely meaningful, as it has provided a clear direction for intellectual property adjudication for 2013 and for a short period of time in the future.
In April 2013, SPC held a national workshop for chief judges of intellectual property tribunals of all courts. The workshop centred on the practicalities of intellectual property adjudication and focused on the themes of judicial impartiality, improving judicial credibility and advancing governance of the country based on law. The workshop also discussed the current situations facing intellectual property adjudication and the need to grasp accurately judicial policy, and was able to unify minds and drive progress.
To ensure implementation of the spirit of the 3rd National Work Conference on Intellectual Property Adjudication, the high people’s courts of Zhejiang, Fujian, Shandong and Guangdong etc. also convened intellectual property work meetings for all the courts within the province to plan and delegate work pertaining to intellectual property adjudication in 2013, so as to ensure that adjudication is carried in a regulated and orderly manner.
§ Developed adjudication instruction materials. SPC has published books and materials as Instruction Manual on Intellectual Property Adjudication, Trends in Intellectual Property Adjudication, and Reflections and Prospects in Trademark Adjudication, which have reviewed operational materials as important normative documents and instructional opinions, work overview, statistics, research outcomes, typical cases, which have provided the quickest route to providing instructions of adjudication operations. The Beijing High People’s Court has developed and released a Manual on Determination of Patent Infringement, which has standardised and coordinated the law enforcement standard for patent cases in Beijing.
(ii) Intensified adjudication research, and expanded avenues to standardise application of the law
Judicial protection of intellectual property must face the most vibrant sectors of all creative activities: economic, scientific, culture and arts; hence, new issues continue to emerge, and judicial protection perpetually faces new demands and challenges. The important means with which adjudication of intellectual property employs a scientific approach is to strengthen research guidance for intellectual property cases and their adjudication, and to promptly standardise adjudication criteria and respond to the new needs in judicial protection of intellectual property.
In 2013, the people’s courts directed their attention to key and difficult aspects in intellectual property adjudication to find creative ways and research anchor points, organise adjudication research, review experiences and resolve new issues. The efforts were fruitful. SPC centred on establishing the criteria for determining patent infringement, adjudication standards in granting and validating patents rights for administrative cases, application of the Trademark Law, standards in granting and validating trademark rights for administrative cases, protection of well-known marks and service marks, protection of trade secrets, and application of the law for copyright disputes involving Karaoke operators etc., and conducted thematic researches in preparation for drafting the corresponding judicial interpretations.
In January 2013, SPC organised in Xiamen, Fujian Province, a national seminar on internet new technology and new business models and competition.
In July 2013, SPC established in Zunyi City Intermediate People’s Court in Guizhou, a “Supreme People’s Court Intellectual Property Judicial Protection Research Base for the Spirits Industry”. The research base will better enable discovery of issues relating to judicial protection of intellectual property, hence healthy development for the industry. To further facilitate research, SPC organised the first national award for excellence in intellectual property research outcome, and has completed the preliminary selection from 193 research reports.
Based on the practical realities, local people’s courts also organised different research activities. For example, the Chongqing High People’s Court collaborated with the relevant authorities to jointly organise the “International Conference on Trademark Infringement and Monopoly in the Internet Environment”, and the “High-Level Forum on Judicial Protection for Computer Software Copyright in the Cloud Computing Environment”. Tianjin High People’s Court organised the research activity on “Intellectual Property Judicial Protection of Cultural and Creative Businesses in Tianjin”. The Guangdong High People’s Court conducted research based on the theme of “Exploring and Improving the Judicial Evidentially System to Resolve the Difficulty in Determining Damages for Intellectual Property Infringement”, and carried out pilot studies in 14 basic and intermediate people’s courts.
The high people’s courts of Beijing, Hebei, Liaoning, Shanghai, Jiangsu, Guangxi, Yunnan, Shanxi, Qinghai and Ningxia also conducted research on specific themes based on key and difficult issues at the local level. This had be useful in providing guidance for adjudication operations.
