Intellectual Property Adjudication Practice. Issue 2

Author: Beijing Intermediate People's Court, Civil Trial Tribunal No. 5
Publisher:
Publish Date: 2005-06-01
Features: In China, intellectual property protection mainly has two channels: administrative protection and judicial protection, which is commonly referred to as the "dual-track system." Intellectual property administrative protection refers to the investigation and enforcement actions taken by intellectual property administrative departments against infringement of intellectual property rights. Administrative departments have the authority to order infringers to stop infringing, to seal and confiscate infringing products, and to impose fines on infringers. However, administrative authorities do not have the power to determine compensation to rights holders, and their rulings must undergo judicial review. Intellectual property judicial protection refers to the protection granted to rights holders through litigation by requesting the People's Court to enforce intellectual property rights. Depending on the type of lawsuit, the People's Court can provide administrative, civil, and criminal remedies to the parties involved. Administrative remedy primarily refers to judicial review by the People's Court when parties are dissatisfied with the rulings of administrative authorities (e.g., the Patent Reexamination Board, the Trademark Review Board) in processes such as patent applications, invalidation, trademark registration, or cancellation. Such cases are known as intellectual property administrative cases in China, and the Beijing Intermediate People's Court, where I am employed, has exclusive jurisdiction over them. Civil remedy refers to the relief provided to rights holders in civil cases by the People's Court. Criminal remedy refers to the relief provided to rights holders in cases prosecuted by the People's Procuratorate or initiated by rights holders themselves, where the People's Court holds severe, intentional infringers criminally liable. "Practical Aspects of Intellectual Property Adjudication (Volume 2)" is divided into five major parts: General Principles of Intellectual Property, Copyright, Patent Rights, Trademark Rights, Unfair Competition, and New Frontiers in Intellectual Property Adjudication. The target readership primarily includes lawyers, patent agents, trademark agents, copyright agents, intellectual property administrative departments, judicial departments, enterprises and institutions, legal researchers, and university students. In China, intellectual property protection mainly has two channels: administrative protection and judicial protection, which is commonly referred to as the "dual-track system." Intellectual property administrative protection refers to the investigation and enforcement actions taken by intellectual property administrative departments against infringement of intellectual property rights. Administrative departments have the authority to order infringers to stop infringing, to seal and confiscate infringing products, and to impose fines on infringers. However, administrative authorities do not have the power to determine compensation to rights holders, and their rulings must undergo judicial review. Intellectual property judicial protection refers to the protection granted to rights holders through litigation by requesting the People's Court to enforce intellectual property rights. Depending on the type of lawsuit, the People's Court can provide administrative, civil, and criminal remedies to the parties involved. Administrative remedy primarily refers to judicial review by the People's Court when parties are dissatisfied with the rulings of administrative authorities (e.g., the Patent Reexamination Board, the Trademark Review Board) in processes such as patent applications, invalidation, trademark registration, or cancellation. Such cases are known as intellectual property administrative cases in China, and the Beijing Intermediate People's Court, where I am employed, has exclusive jurisdiction over them. Civil remedy refers to the relief provided to rights holders in civil cases by the People's Court. Criminal remedy refers to the relief provided to rights holders in cases prosecuted by the People's Procuratorate or initiated by rights holders themselves, where the People's Court holds severe, intentional infringers criminally liable. "Practical Aspects of Intellectual Property Adjudication (Volume 2)" is divided into five major parts: General Principles of Intellectual Property, Copyright, Patent Rights, Trademark Rights, Unfair Competition, and New Frontiers in Intellectual Property Adjudication. The target readership primarily includes lawyers, patent agents, trademark agents, copyright agents, intellectual property administrative departments, judicial departments, enterprises and institutions, legal researchers, and university students.