July 8, 2010

On July 1, 2010, the SPC released Several Opinions Concerning the Provision of Judicial Protection and Service for Accelerating the Transformation of Economic Development (“The Opinions”).

With respect to the trial of IP cases, The Opinions stipulate that the People’s Courts at every level shall strengthen the judicial protection of IPR for major industries and key technologies; promote the development of high-tech industries such as new energy, pharmaceuticals, new materials and environmental protection; and maintain the core competitiveness of enterprises. The People’s Court is also required to properly handle various types of IPR cases; to strengthen the protection of well-known trademarks, geographical marks of agriculture products, and trademarks of strategic new and modern service industries; and to promote the formation of self-owned brands and the development of a brand economy.

With respect to the trial of anti-monopoly and anti-unfair competition cases, the People’s Courts at every level are required to handle this type of case carefully; to prohibit monopolies in technical development and transfer; to prevent the limitation of innovation by abuse of IPR; and to maintain fair competition and market order. The court shall strengthen copyright protection in the areas of publication, broadcast, movie and TV, literature and art, culture and entertainment, advertisement and design, industrial arts, computer software and information network; and punish trademark counterfeiting and copyright and patent infringement according to law in order to promote cultural innovation.
 
With respect to the trial of bankruptcy and liquidation cases, the People’s Courts at every level are required to handle cases carefully in order to eliminate slow and surplus productivity and to achieve the economic object of accelerating the transformation and modernization of industry.

If you would like more information about the foresaid regulations or other rules and information related to these Opinions, please contact us by email at mail@watson-band.com.cn