Intellectual Property Protection by Chinese Courts in 2018

VI. Enhancing judicial capabilities and strengthening character-building for judges

Solid and sound training has always been the cornerstone of intellectual property adjudication for the People’s Court. The intellectual adjudication team of the courts of every level must have the initiative to adopt a higher political stance and to elevate their professional qualities and competence. The courts must also apply themselves to building an intellectual property adjudication team that is steadfast in political belief, that has the sense of totality, that is well-versed with the law and technically-skilled, and that possess an international perspective, so as to provide strong organisational underpinnings for the adjudication of intellectual property in the new era.

(1) Intensifying development of ideological and political thoughts to elevate the level of thinking and political calibre 

The Party’s political development is a fundamental development. Intellectual property judges must appreciate the full importance of the Party’s political development to the People’s Courts’ development, uphold the absolute leadership of the party, and stay determined and unwavering in their political belief. They must develop greater political awareness, improve on their political qualities and capabilities, and strengthen their political conviction, and they must adhere strictly to political discipline and political rules.

In early 2018, a talkfest whose theme was “Glory and Dream, Mission and Responsibility” was held at the Beijing Intellectual Property Court. Vice President Tao Kaiyuan shared her emotion affinity, ideal and pursuit with regard to intellectual property rights, and elicited strong resonance among the cadre police officers.

In June 2018, a Party Day activity under the theme “In pursuit of Yan’an’s footprint, uphold the Yan’an Spirit” was held in the old revolutionary base of Yan’an. The party members felt deeply enlightened. Between October and December, the “Photography Exhibition Celebrating the 40th Anniversary of Reform and Openingup” was held, where brilliant photo images gave vivid expression to the work of intellectual property judicial protection, the devotion of the adjudication team, and the inspiring ethos and energy.

(2) Strengthening training on adjudication operations to improve on the judicial capabilities of in adjudication 

The “Opinions on Several Issues concerning Strengthening Reform and Innovation in Intellectual Property Adjudication” specifies the need to devote great effort to develop the intellectual property adjudication team into a “formalised, specialised, professionalised and internationally savvy” team. A high-calibre team of judges is essential for sustaining the development of intellectual property judicial operations. In 2018, the Supreme People’s Court organised more than thirty sessions of intellectual property training at the National Judges’ College and the local courts. The court also organised three sessions of the “Expert Lecture Series for the Party Branch of the Intellectual Property Divisions”, focusing on topics such as the application of law in patent examination, criminal adjudication of intellectual property infringement, trademark protection in a digital environment, legal liability of network service operators, which was very well-received by the participants.

The local courts also conducted training. To improve the professional capabilities of intellectual property judges, for example, the Fujian High People’s Court, organised a training on adjudication skills for sixty trainees between 14 to 23 August 2018 at the East China University of Political Science and Law.

(3) Strengthening party ethics and government integrity to ensure that the team is clean and honest

In 2018, the intellectual property divisions of all the courts have followed through with the requirement to enforce strict governance on the party, the court, the division and in management, and has dedicated much effort to developing good conduct and discipline within the intellectual property adjudication teams, focusing on correcting the “four problematic habits (sifeng)”: formalism, bureaucratism, hedonism and extravagance, and on striking problems that elicit strong public reaction. Checks and corrective actions are taken promptly, regularly and persistently.

The different levels of adjudication divisions are also committed to educating and guiding cadre police officers on judicial conscience and to enforcing rigorous discipline on judicial behaviour as part of a continuous process to improve judicial conduct. Greater prevention and control measures have also been instituted to guard against the risks of judicial dishonesty. Another area that has been given urgent attention is the development and improvement of management and supervision mechanisms that accommodate the new mechanism for exercising adjudication powers, and that support the judicial accountability system. Finally, the courts also take rigorous action in investigating and punishing fraudulent and adjudication-for-gain behaviour. Strict and determined measures are imposed to eradicate rotten apples to ensure that the action and stringency are indeed genuine, undeterred and sustained.

Conclusion

 In 2019, we celebrate the 70th year of the founding of the People’s Republic of China. But 2019 is also the critical year for achieving the building of a “complete xiaokang” society and the first Centenary Goal, and the first year of the People’s courts’ fifth Five-Year Reform Programme. As we usher in a new chapter in history, the People’s Courts face an exciting future with higher demands and a people with higher expectations. Enabling the courts to serve the larger good, and enabling justice to be done for the people and done impartially are tasks that are increasingly laborious and onerous.

The new era is for go-getters. And the answers are for us to give. Judicial protection of intellectual property by the People’s Courts will adhere to the path of Chinese socialism for the new era as propounded by President Xi Jinping. The courts will discern and manage the key social contradictions and changes in the new era, and concentrate efforts on enhancing the judicial abilities and performance in intellectual property. They will reinforce the sense of crisis and of responsibility, and take effective precautions against risks and challenges. All are determined to transform and innovate, and to fulfil their undertakings to scale greater heights in the building of a law-based China, and to give rightsholders a greater sense of gain, of happiness and of security. These efforts will contribute to making China a global powerhouse in intellectual property and in science and technology, to providing effective judicial safeguards for the continued robust development of the economy, and to achieving notable results for the celebration of the 70th year of the founding of the People’s Republic of China.

photo from: Chinese Court