IPRs. Supreme Court issues Opinions on Due Implementation of National Intellectual Property Strategy
The Supreme Court issued the Opinions on Due Implementation of National Intellectual Property Strategy (hereafter referred to as “Opinion”), which stipulates the overall plan for the court to implement the national intellectual property rights. The Opinion consists of 6 parts and includes 36 articles.
The Opinion increases the civil compensation liability and crime liability for malicious IPRs infringement. Article 5 and article 21 dedicate that the court shall adhere to full compensation principle, enlarge the scope and degree of application and enforcement of the fine penalty and take steps to deprive the infringers of their abilities to recommit to the crime.
Criminal, civil and administrative IPRs proceedings will be exclusively handled by IPRs tribunals and the special appellate court is intended to be established.
The Opinion stipulates principals separately for different IPRs cases, such as trademark, patent, copy right and Anti-Unfair Competition Law.
The courts will be more prudent in the reorganization of well-known trademark and in the application of the principal of Anti-Unfair Competition Law.