Lin Guanghai—the Supreme People’s Court will Provide Powerful Judicial Guarantee for Fostering a First-Class Business Environment
In the afternoon on May 15, the State Council Information Office of China (SCIO) held a press conference. Issues on the Report on the Latest Development in IPR Protection and Business Environment in China 2018 was introduced by Gan Lin, vice minister of the State Administration for Market Regulation, Gan Shaoning, deputy director of the National Intellectual Property Administration (CNIPA), Jin Hai, director of the Department of General Operation of the General Administration of Customs, and Lin Guanghai, director of the IPR Division of the Supreme People's Court.
A CNS (China News Service) journalist asked questions for Lin Guanghai on the role of IPR trials of people’s courts in nurturing a sound business environment.
Lin said, as a Chinese saying goes, deep water pleases fish, and a prosperous city boosts business. A favorable business environment is an important driver in promoting the sound development of socialist market economy. In a good business environment, intellectual property owners are entitled to rights that they deserve, and IPR infringers must be held accountable for their actions. Since the 18th National People’s Congress, IPR trials of people’s courts have been committed to the major task of “IPR trials inspiring and protecting innovation, as well as promoting economic and social development”. We have given full play to the dominant role of IPR judicial protection, strengthened IPR judicial protection, protected legitimate rights and interests of various types of enterprises in an equal manner and resolutely cracked down on IPR infringements in accordance with the law, thus playing an important role in creating a law-based, internationalized and convenient first-class business environment and a favorable environment suitable for technological innovation and cultural prosperity.
In recent years, people’s courts have had extensive impacts on the international community with a number of influential cases, including administrative dispute series of Jordan trademark, patent infringement of Samsung v. Huawei, and the retrial of an administrative refusal of a three-dimensional (3D) international trademark application filed by Parfums Christian Dior. China’s courts have become first handling the largest number of IPR cases, especially patent cases in the world. Their credibility, attraction and influence have greatly enhanced in international IPR protection, with many foreign parties increasingly choosing mainland courts. As a result, China is increasingly becoming a priority when it comes to the resolution of international IPR disputes.
People’s courts handle technical cases including those relevant to patent in accordance with the law; and the Supreme People’s Court has set up an IPR court and 19 cross-regional IPR courts at the local level, to handle civil and administrative IPR cases requiring great expertise, such as patent cases, in a unified manner. In this way, we strive to deal with technical cases immediately and effectively with unified standards, encourage public creation and release innovative and entrepreneurial dynamism.
People’s courts handle cases relevant to trademark and anti-unfair competition in accordance with the law, standardize the usage and protection of time-honored brands and intangible cultural heritages, and crack down on trademark infringements including fake trademarks, malicious trademark registration and counterfeit products, to actively nurture a unified, open, orderly, standardized and fair market environment. People’s courts also deal with copyright cases in accordance with the law to strengthen copyright protection and give full play to the guidance and protection of IPR trials for cultural innovation.
People’s courts handle IPR administrative cases in accordance with the law to safeguard legitimate rights and interests of administrative counterparts, standardize IPR administrative law enforcement, and effectively fulfill the duty of judicial review and supervision regarding authorizing and establishing rights.
People’s courts handle IPR criminal cases in accordance with the law. In this regard, the number of first instance totaled 4,319 in 2018, an increase of 19.28% year-on-year; and the number of cases settled reached 4,064, up by 11.59% year-on-year. This means penalty plays a greater role in cracking down on infringements and counterfeit products.
The Supreme People’s Court has always prioritized cracking down on infringements and counterfeit products and protecting intellectual property rights, carefully fulfilled its duties and compressively implemented decisions and policies of the Party Central Committee and the State Council in this field. It has also given full play to the dominant role of IPR judicial protection and integrated civil adjudication, administrative law enforcement and penalty to work together in regulation and governance while taking their own roles. In this way, we can surely provide powerful judicial guarantee for creating a first-class business environment.
May 15, 2019
Source: the State Council Information Office of the People’s Republic of China
Photo by: Zhang Xin
