White Paper on the Trial of Intellectual Property Cases by Shanghai Courts in 2018
Shanghai High People’s Court
April 22, 2019
III. Serving the Overall Situation Achieved Positive Results by Giving Full Play to the Functions of Justice
1. Efforts were made in optimizing the business environment to serve the national strategy. Shanghai courts participated in the formulation of Implementation Opinions of Shanghai High People’s Court on Giving Full Play to the Role of Trial to Create a Good Environment Governed by Law for Entrepreneurs’ Innovation and Business Undertaking to protect intellectual property rights of entrepreneurs in accordance with the laws, which have been fully recognized by all sectors of society. Shanghai Intellectual Property Court issued the Trial of FTZ-related Intellectual Property Cases in Shanghai Intellectual Property Court (2015-2017) and Typical Cases in Shanghai Intellectual Property Court involving Business Environment Improvement. Pudong Court held a seminar on judicial protection of intellectual property rights with the theme of Focusing on the Construction of the Belt and Road and Serving the FTZ in its Development and released several documents to serve and provide guarantee for the construction of the FTZ and Shanghai Technology Innovation Center and to further improve the business environment. These documents include Five Years of Strengthening Judicial Protection of Intellectual Property Rights and Serving the FTZ Construction, Typical Cases in the Five Years, and Collection of High-quality Cases on Judicial Protection of FTZ-related Intellectual Property Rights (Bilingual Version in Chinese and English).
2. Service for CIIE was well performed. In 2018, Shanghai High People’s Court conducted a forward-looking investigation on the need of CIIE for judicial protection of intellectual property rights and, at the request of Mayor Ying Yong of Shanghai Municipal People’s Government, put forward the Suggestions on Strengthening Protection of CIIE-related Intellectual Property Rights. Out of the same purpose, Shanghai High People’s Court formulated the Implementation Opinions on Strengthening Intellectual Property Trial to Serve CIIE; Shanghai Intellectual Property Court issued the Implementation Opinions on Setting up Special Trial Teams to Serve CIIE; and Putuo Court issued the Implementation Plan for Serving CIIE. Shanghai Intellectual Property Court and Putuo Court set up special trial teams and the latter set up circuit trial stations to hear all kinds of cases that occurred during the preparation, holding and move-out stage of CIIE in accordance with the laws in an impartial and efficient manner. Shanghai High People’s Court organized special trainings related to CIIE and co-organized the Symposium on Judicial Protection of Intellectual Property Rights of Enterprises Participating in CIIE with Shanghai University to listen to the opinions of participating enterprises. The Third Civil Tribunal of Shanghai High People’s Court, Shanghai Intellectual Property Court and Putuo Court well performed judicial service and publicity work involving intellectual property rights at the scene of CIIE.
3. Large-scale research was carried out through various channels to meet judicial needs. Vice President Zhang Bin led the colleagues in the Intellectual Property Tribunal of Shanghai High People’s Court, Shanghai Intellectual Property Court and intellectual property tribunals of district courts to visit Zhejiang’s courts of 3 levels, Guangdong High People’s Court and Guangzhou Intellectual Property Court, Shanghai Intellectual Property Administration, China International Import Expo Bureau, Management Committee of China (Shanghai) Free Trade Zone, and Shanghai Bar Association. These visits aimed at researching the application of the Internet in judicial trials, the enhancement of judicial protection of intellectual property rights, and matters related to the judicial protection of CIIE-related intellectual property rights, so as to accurately grasp the new needs and expectations of the industry on intellectual property protection and to effectively act on the goal of Shanghai courts to become the primary choice for intellectual property litigation. Intellectual property tribunals of courts across the city also visited relevant units to conduct research and achieved positive results.
photo from: Shanghai High People's Court
