Notice Of The Supreme People'S Court On Conscientiously Studying And Implementing The Outline Of The National Intellectual Property Strategy

Notice of the Supreme People's Court on conscientiously studying and implementing the outline of the national intellectual property strategy

The high people's Court of the provinces, autonomous regions and municipalities directly under the central government, the military court of the PLA, the division of the production and Construction Corps of the high people's Court of the Xinjiang Uygur Autonomous Region:

In June 5, 2008, the State Council issued the outline of the national intellectual property strategy (hereinafter referred to as the "Outline"), and decided to implement the national intellectual property strategy.

This is a major strategic plan made by the Party Central Committee and the State Council in accordance with the new situation at home and abroad in the new period of reform and opening up. It is a major event that concerns the future of the country and the future of the nation. It is also a long-term and urgent task before the national court.

The people's courts at all levels should conscientiously grasp the implementation of the national intellectual property strategy with a high sense of political responsibility and a sense of historical mission, and closely integrate the actual work of the people's courts.

We hereby notify you of the following issues related to the study and implementation of the Outline:

First, fully understand the great significance of implementing the national intellectual property strategy and earnestly understand the spirit of the outline.

The report of the Seventeenth National Congress of the Communist Party of China will raise the capability of independent innovation and build an innovative country to an unprecedented height. It clearly regards this as the primary task of promoting the sound and rapid development of the national economy, and it is positioned as the core of the national development strategy and the key to improving the comprehensive national strength.

Therefore, it is clear that the implementation of intellectual property strategy should be implemented.

The promulgation and implementation of the outline is a concrete manifestation of the spirit of the 17th CPC National Congress and a major strategic choice for building an innovative country.

Studying and carrying out the outline is an important political task for the people's court to serve the overall situation and central work of the party and the state.

With the rapid development of knowledge economy and the acceleration of economic globalization, a deep understanding of intellectual property strategy is an important national strategy for China to actively utilize the intellectual property system to promote economic development and social progress. It is necessary to understand the implementation of intellectual property rights strategy is the urgent need for building an innovative country, and is the only way to pform the mode of economic development and the key measure to improve the core competitiveness of the country. It is necessary to deeply understand the guiding ideology and basic spirit of the outline from the following four aspects: encouraging creation, effective utilization, legal protection and scientific management. People's courts at all levels should develop their needs from the perspective of China's economic, social and cultural development.

Leading cadres at all levels should take the lead in learning and organizing and implementing. The intellectual property judicial departments at all levels and the vast majority of intellectual property judges must thoroughly study, accurately grasp and understand the basic contents and spiritual essence of the outline, and effectively implement the spirit of the outline into the trial of intellectual property rights in the people's courts.

People's courts at all levels should strengthen organizational leadership, increase investment, work hard and forge ahead, so as to ensure the implementation of the national intellectual property strategy related to the work of the people's court and the smooth implementation of all the strategic measures.

We should actively strive for the support of Party committees and governments at all levels, intensify coordination of work, and make overall arrangements for them.

Two, actively improve the judicial system and working mechanism, give full play to the leading role of judicial protection of intellectual property rights.

The outline will improve the enforcement system of intellectual property rights as one of the key points of the national intellectual property strategy. It explicitly requires "strengthening the construction of judicial protection system, giving full play to the leading role of judicial protection of intellectual property rights, and improving the efficiency and level of law enforcement".

Giving full play to the leading role of judicial protection of intellectual property is a new orientation for the judicial protection of intellectual property rights from the overall and strategic level according to the requirements of the situation and the protection of intellectual property rights, and shows that the party and the state have placed great expectations on judicial protection of intellectual property rights.

The people's court plays a special role in the implementation of the national intellectual property strategy.

According to the strategic requirement of "giving full play to the leading role of judicial protection of intellectual property rights", the outline puts forward a series of strategic measures to make specific arrangements for the work of the people's courts in many aspects.

The main measures are: "perfecting the trial system of intellectual property rights, optimizing the allocation of judicial resources, and simplifying relief procedures.

Study and set up a tribunal for intellectual property courts that will accept intellectual property rights in civil, administrative and criminal cases.

We should focus on the issue of jurisdiction in cases such as patents and other highly skilled cases, and explore the establishment of intellectual property court of appeal.

We should further improve the judicial organs of intellectual property rights, enrich the judicial ranks of intellectual property rights, improve the ability of adjudication and implementation, and strengthen the judicial interpretation of intellectual property rights.

In view of the professional nature of intellectual property cases, we should establish and improve the litigation system for forensic expertise, expert witnesses and technical investigation, and improve the provisional measures for intellectual property rights.

We should reform the procedures of patent and trademark confirmation and authorization, study the problems of patent invalid hearing and trademark review agencies change to quasi judicial organs ";" improve the quality of intellectual property law enforcement teams, rationally allocate law enforcement resources, and improve the efficiency of law enforcement. "

We should increase the strength of administrative law enforcement agencies to pfer intellectual property criminal cases to criminal judicial organs and criminal judicial organs to accept intellectual property criminal cases.

The people's courts at all levels should focus on the improvement of the judicial system and working mechanism, take overall consideration and proper arrangements, implement the deployment of the work of the people's court in the outline according to plan and step by step, so that the people's court can play a leading role in protecting intellectual property rights.

We should strengthen the investigation and study of intellectual property trial, strengthen the scientificity, foresight and initiative of judicial decisions, and focus on the strategic measures for the work of the people's court put forward in the outline.

At present, we should pay special attention to the following three tasks: first, actively cooperate with the relevant departments in doing a good job in revising the intellectual property laws such as patent law and trademark law; two, actively cooperate with the Supreme People's court to further strengthen the judicial interpretation of intellectual property rights, and establish and improve the relevant working system; three, we should further investigate the other measures put forward in the outline, and the Supreme People's court decided to conduct special research in the near future. Based on the thorough investigation and the views of all sides, we will put forward the concrete implementation measures and Implementation Opinions of the people's court in carrying out the outline.

Three, comprehensively strengthen the trial of intellectual property rights, and attach great importance to the construction of intellectual property trial teams.

The judicial protection of intellectual property rights has been highly valued by the Party Central Committee, the NPC and the State Council.

The promulgation and implementation of the outline is not only an important opportunity for development, but also a major challenge to the judicial protection of intellectual property rights of the people's court.

The people's courts at all levels must attach great importance to and strengthen the judicial protection of intellectual property rights from the spirit of implementing the spirit of the 17th CPC National Congress, serving the two major tasks of the domestic and international affairs, and promoting the development of the people's judicial cause.

People's courts at all levels should conscientiously carry out the outline of "strengthening intellectual property rights protection", "increasing judicial punishment", "lowering the cost of safeguarding rights, increasing the cost of infringement, and effectively curbing violations". According to the work idea of "actively supporting the construction of national innovation system, increasing the protection of intellectual property rights, providing judicial protection for technological innovation and industrialization of scientific and technological achievements", put forward by the president of the National High Court in June this year, we should focus on the good cases in accordance with the law, focus on the proper application of legal responsibilities and prudently take temporary measures, increase the protection of intellectual property rights in accordance with the law, and strengthen judicial relief of intellectual property rights.

We should comprehensively strengthen the trial of intellectual property rights and give full play to the overall effectiveness of judicial protection of intellectual property rights.

We should apply all kinds of criminal sanctions according to law, severely punish the crimes of infringing intellectual property rights, vigorously exert the functions of punishing and preventing intellectual property crimes, define civil liabilities according to law, take remedial measures actively, properly handle civil disputes in intellectual property rights, give full play to the leading role of civil trial in protecting intellectual property rights and encourage independent innovation, protect the legitimate rights and interests of the administrative counterparts in accordance with the law, supervise and support the administration according to law, and ensure that the administrative authorities perform the functions of intellectual property administrative law enforcement and management in accordance with the law.

People's courts at all levels should take effective measures to implement the requirements of the outline "further improve the judicial organs of intellectual property rights, enrich the judicial ranks of intellectual property rights, and improve the ability of trial and enforcement", so that institutional setup and judicial strength will be compatible with overall requirements, functional location, responsibilities and status, establish and improve the judicial organization of intellectual property rights, adjust and enrich intellectual property trial personnel, and provide reliable organizational and personnel protection for the trial of intellectual property rights.

The people's courts at all levels should, in line with the objective needs of the intellectual property rights trial duties and tasks, and strengthen the spirit of establishing a realistic and long-term principle, strengthen the institutional setup, staffing and internal allocation of intellectual property courts.

In order to strengthen the construction of the intellectual property trial talents team, we should take the "three supremacy" and the socialist rule of law as the guidance, attach great importance to the ideological and political construction of the judges of the intellectual property rights, increase the training of intellectual property trial skills and professional knowledge, and make great efforts to cultivate and possess a large number of high level intellectual property trial talents.

We should give full consideration to the rules of intellectual property trial and intellectual property judge training, and adopt scientific and reasonable performance evaluation indicators in terms of workload and business assessment.

Please comply with the above notice.

In the course of learning and implementing the outline, what problems and suggestions are there?

August 1st, two, eight