White Paper on the Trial of Intellectual Property Cases by Shanghai Courts in 2018
Shanghai High People’s Court
April 22, 2019
VII. Strengthening the Building of a Professional Team Enabled Improving Team Quality
1. The training of inter-disciplinary and expert judges was strengthened. In 2018, Shanghai Courts selected four judges to attend IP communication activities respectively conducted in the USA and EU including Germany, as one of the measures to cultivate their international horizon and learn advanced IP-protection experiences from other countries. Shanghai High People’s Court also sent outstanding intellectual property judges to Tongji University to teach students of WIPO class and “Belt and Road” international class and intellectual property graduate students of the university, so as to expand the platform for cultivation of expert and compound-talent judges.
2. Attention was paid to broadening training and exchange channels. Outstanding intellectual property judges were dispatched to work in the Intellectual Property Tribunal of the Supreme Court. At the same time, judges of the Supreme Court were invited to give specific guidance to relevant trial work. Experts and scholars from the State Administration for Industry and Commerce, the Patent Reexamination Board, East China University of Political Science and Law, Tongji University, and Shanghai University were invited to give specialized professional trainings. A working group on exchange with foreign countries concerning the intellectual property was set up to track and study the latest IP developments overseas and train international professionals.
3. A number of advanced teams and individuals emerged. The Third Civil Tribunal of Shanghai High People’s Court, the First Tribunal of Shanghai Intellectual Property Court, the Third Civil Tribunal of Pudong Court, and the Third Civil Tribunal of Yangpu Court won the honorary title of Advanced Collective in National Courts in Intellectual Property Trial Work. Judge He Yuan of Shanghai Intellectual Property Court was awarded the honorary title of Case-handling Pacesetter of National Courts. He also won the honorary title of Advanced Individual in Intellectual Property Trial Work of National Courts together with another 5 colleagues who are Gu Ya’an of Minhang Court, Zhang Jialu of Putuo Court, Yu Shi of Xuhui Court, Hu Guyue of Huangpu Court, and Ju Yiliang of Yangpu Court. The Third Civil Tribunal of Pudong Court was named as the National Advanced Collective in the Campaign against IPR Infringements and Counterfeits. Yangpu Court and Xuhui Court were awarded the title of National Unit with Credit in Combating Infringement and Piracy by the National Copyright Administration.
The year 2019 marks the 70th anniversary of the founding of the People’s Republic of China. It is also a key year for building a moderately prosperous society in an all-around way and achieving the country’s first 100-year goal, and a year for Shanghai courts to continue its efforts in building a highland for intellectual property trials. Under the guidance of President Xi Jinping’s thought on socialism with Chinese characteristics for a new era and following the spirits of 19th National Congress of the CPC, the second plenary session and the third plenary session of the 19th CPC Central Committee, Shanghai courts will adhere to the main line of “justice for the people and implementing justice impartially,” conscientiously implementing the judicial policy of “maintaining the leading role of justice, carrying out strict protection, implementing different policies by categories, and pursuing balanced proportions,” give full play to the functions of trials, and strengthen communication and coordination with intellectual property administration departments and intellectual property theory and practice circles. We will step up judicial protection of intellectual property rights, further promote the reform of the judicial system, and strengthen the building of internationalized and specialized intellectual property trial teams. We will put forth efforts to build a good business environment governed by law, and further enhance the authority and influence of Shanghai courts in intellectual property trials so as to make them models of intellectual property rights protection and primary choice for intellectual property litigation, thus providing first-class judicial services and guarantees for Shanghai to enhance its capability and core competitiveness and develop into a global city with the best legal environment.
photo from: Shanghai High People's Court
