2013年中国法院知识产权司法保护状况（双语）
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§ Launched legal advisory services. The people’s courts of Jinlin , Fujin, Anhui and Guizhou extended their adjudication responsibilities by moving the gantry of intellectual property protection forward, thus providing “home delivery of legal services” for key enterprises, science & technology parks. The courts reached out to businesses to understand their needs for intellectual property protection, and helped them solve legal issues relating to the creation, administration, operation and protection of intellectual property. Additionally, they also helped businesses raise their awareness to be innovation-driven and in risk-prevention, so as to strengthen their ability to prevent and defuse operational risks and develop their capabilities in innovation and development. The courts’ efforts were well-received by the businesses.
§ More active in providing judicial recommendations. The courts have provided guidance and direction in the form of judicial recommendations for striking, common and recurrent problems. The recommendations were given to the relevant departments to enable substantive resolution of the problems.
For example, the Hubei High People’s Court has provided judicial recommendations to the local government on copyright infringement of internet cafés, so as to guide intellectual property users to operate lawfully and facilitate the industry’s healthy development. The Guizhou High People’s Court addressed the problem of notarised documents being inadmissible as a result of procedural flaws by giving its judicial recommendations to the provincial judicial office, bring to the office’s attention the need for regulated notarisation. The Hainan High People’s Court submitted to the provincial government judicial recommendations on protection of special trademark resources to help improve their protection. The high people’s courts of Shanxi and Shanghai have also progressively become more active in providing judicial recommendations. In doing so, the courts have effectively served the relevant authorities and have helped them improve the use, administration and protection of intellectual property rights.
(iv) Persisted in strengthening protection, and continued to step up judicial publicity on intellectual property rights
Judicial publicity is an important channel through which the people’s courts enable the society at large to understand how judicial protection of intellectual property works. It is also an important vehicle to promote the rule-of-law spirit in judicial protection, as well as a key avenue to elevate the society’s respect for knowledge and increase awareness of the concept of intellectual property protection.
In 2013, the people’s courts managed to gain insight into the work involving judicial protection of intellectual property and focused on the key aspects of the work. For publicity, they have developed innovative publicity formats, focused on key publicity efforts, and have leveraged the role of publicity media such as media owned by the people’s courts, the news media, micro-message (Weixin) and microblog (Weibo). The courts have mobilised the strengths of different parties to create publicity synergies, thereby augmenting the effectiveness of the publicity. A publicity week was carefully planned around 4.26 World Intellectual Property Day.
SPC published the Ten Major Cases, Ten Major Innovative Cases and Fifty Typical Cases on Judicial Protection of Intellectual Property for 2012, and the Supreme People’s Court’s Annual Report on Intellectual Property Cases (2012) to present to the general society a lively and vivid picture of the results of increased judicial protection of intellectual property. Local courts have also taken an active stance in generating publicity and in response to the public’s interest in judicial protection of intellectual property by publishing updates on judicial protection of intellectual property and cases adjudicated, organised press conferences, and by going on the streets and distributing publicity pamphlets.
For example, the High People’s Court of Inner Mongolia Autonomous Region organised a publicity week under the theme “Implement the Intellectual Property Strategy, Support Innovation-Driven Development”. Legal awareness publicity activities extended to company offices and school grounds;
During the publicity week, the courts in Jiangsu Province organised 9 press conferences, set aside more than 1,800 places for observation of court hearing, and visited more than 100 companies, during which more than 5,000 publicity pamphlets were given out.
The Xinjiang Production and Construction Corps Branch Court of the High People’s Court of the Xinjiang Uygur Autonomous Region organised a series of rich, interesting and people-friendly publicity activities based on the theme “Intellectual Property Helps Remodel Economic Growth”.
The Hefei Intermediate People’s Court of Anhui Province visited the “Seed Street” (“Zhongzi Yitiaojie”) to hear a case on new plant varieties. It invited management staff of the seed management station and seed sellers to observe the hearing. By using cases to teach the law, judicial publicity was more effective in communicating messages and influencing mind-sets.
(v) Persisted in synergistic development, and continued to vitalise intellectual property cooperation and exchanges
With deepening economic globalisation, greater cultural diversity and increasing information accessibility, increased intellectual property protection must stay on the path of cooperation for mutual benefits and joint development.
§ Strengthened inter-departmental coordination and cooperation to form combined protection forces. In 2013, the people’s courts have continued to coordinate the relationship between judicial protection and administrative protection of intellectual property by escalating cooperation with the administrative and law enforcement departments to establish a multi-dimensional protection regime.
The high people’s courts of Anhui, Jiangxi and Guangxi provinces have worked rigorously to establish a joint mechanism in intellectual property protection and an information-sharing platform. The High People’s Court of Henan Province have stepped up coordination and cooperation with the intellectual property administrative authorities to expand avenues for resolution of intellectual property disputes.
§ Strengthened international exchanges to raise our international profile. SPC has sent representatives to participate in intellectual property work groups meetings between China and the United States, Europe, Russia and Switzerland, as well as in international meetings on negotiations of China-Switzerland and China-Korea free trade zones. In doing so, we have shown our intellectual property achievements, and demonstrated China’s position and determination to continue strengthening intellectual property protection. The courts have received nearly 100 high level delegates from the United States, Japan and European Union, and have responded positively to the concerns of the foreign visitors, clarified misunderstandings and showcased on achievements in judicial protection of intellectual property; therefore, established a positive international profile.
To widen exchange channels and amplify the exchange outcomes, SPC has established an International Exchange (Shanghai) Base for Judicial Protection of Intellectual Property, and have relied upon the support of the Shanghai High People’s Court to receive delegations from the United States, Japan, Korea, Canada and Switzerland, and have received high commendations from the guests.
