Source: China.org.cn

04-29-2007 15:08

III. Trials

(I) To bring judicial IPR protection into full play and to keep indigenous innovation and IPR creativity alive

1. To impose harsh penalties on IPR offenders in accordance with the law, and bring criminal and judicial IPR protection into full play; to harness criminalization tools to achieve better punitive and deterrent effects; to direct case hearing in an attentive and timely manner; to prevent and effectively contain IPR offenses.

2. To lawfully process civil IPR cases. To strictly maintain orderly market competition; to reasonably and appropriately protect products of innovation; to equally protect the legitimate rights and interests of Chinese and non-Chinese stakeholders; to foster the healthy development of emerging industries; to fully mobilize the leading role of civil trial in protecting IPR and stimulating indigenous innovation.

3. To supervise and support enforcement activities of administrative agencies. To ensure the judicial review function of administrative trial against administrative IPR enforcement; to support administrative agencies to penalize offenders, thus protecting the legitimate rights and interests of IPR-holders, safeguarding IPR administrative order and promoting administrative IPR protection.

4. To strengthen trial supervision in relation to law application. To focus on cases which are tried against different standards by different courts, which are exemplary in terms of universal law application, and which involve common standards for judicial review of affirmed patents and trademarks; to strengthen coordination among associated cases and to build a case guidance system.

5. To strengthen the supervision and guidance on people's courts at various levels in IPR criminal trials; to continue to work closely with relevant departments, to strengthen monitoring of major IPR criminal cases and to ensure lawful punishments.

(II) To remain in close collaboration with relevant departments and take a hard-line stance on combating IPR crimes

1. Courts, public security agencies, procuratorates and other administrative enforcement agencies will continue to work in close coordination and communication with one another while fulfilling their own duties, and will try criminal IPR cases in time to achieve satisfactory trial results.

2. Given the nature that civil and criminal IPR cases are easily mixed up, to continue making a clear distinction between conviction and acquittal, and between different charges in case trial.

3. To report crime leads or suspected criminal offences uncovered during civil and administrative case handling to public security organs for further investigation and actions.

 

Editor:Liu Fang