White Paper on the Trial of Intellectual Property Cases by Shanghai Courts in 2018

Shanghai High People’s Court

April 22, 2019

VI. Strengthening Guidance on Research Contributed to Steady Improvement of IP Trial Level

(1) Guidance on research was strengthened. The Third Civil Tribunal of Shanghai High People’s Court established a communication and coordination mechanism. Regular meetings of presiding judges were held, and a liaison system of the three levels of courts was established to study new types of cases and complicated cases appearing in intellectual property trials, thus promoting the unified application of laws. The Answers to Several Questions on Determining Compensation Amount Based on Statutory Compensation Method was formulated to further increase the damages against intellectual property infringement. An empirical study was carried out on the general principles of measurement of penalty for intellectual property crimes and seven specific crimes, which led to the formulation of the Guidelines for Measurement of Penalty for Common Intellectual Property Crimes to regulate the application of probation, fines and injunction orders.

2. Research projects were promoted. Shanghai High People’s Court completed the Research on Judicial Protection of CIIE-related Intellectual Property Rights and, together with Patent Reexamination Board of CNIPA, the Research on Suspension of Patent Invalidation Examination Procedures. The research report on exposition-related IP cases compiled by the Second Tribunal of Shanghai Intellectual Property Court was listed in the Top Ten Research Reports in 2018 by People’s Court Daily while another research project of the same court was awarded Excellent Key Research Project of Shanghai Courts. Pudong Court and Putuo Court each had one research project that was appraised as Excellent Research Project for Approval of Shanghai Courts. The Opinions on Judicial Protection of FTZ-related Intellectual Property Rights compiled by Pudong Court as entrusted by the Supreme Court and under the guidance of Shanghai High People’s Court was affirmed by the Intellectual Property Tribunal of the Supreme Court.

 photo from: Shanghai High People's Court