Administrative Litigation on Intellectual Property Rights - Typical Cases and Legal Application Administrative Category (14)

Author: Zhu Mingshan, Editor-in-Chief
Publisher:
Publishing Date: 2004-01-01
Features: "Use cases to supplement the law, not to break it." The guiding significance and reference value of cases in judicial work have always been emphasized by courts at all levels in China. Every issue of the Supreme People's Court Gazette publishes cases approved by the Supreme People's Court or discussed and approved by its Judicial Committee, requiring courts at all levels to refer to them in judicial work. Since 2000, the Supreme People's Court has publicly released judgment documents to the public. Since 1992, the Supreme People's Court China Applied Law Research Institute has edited and published Selected Cases of People's Courts. After nearly a year of effort, we have launched this series of books. In the process of editing, we tried to make the series have the following distinct characteristics:
1. Typical and Realistic Cases. Most of the selected cases are from the Supreme People's Court Gazette, cases published by the Supreme People's Court and its divisions through other forms. Each case is as representative as possible. For convenience, we have summarized the essence of each case and listed it as "Problem Prompt" before the case. All cases are kept authentic. In cases involving minors, personal privacy, and other content, some real names have been concealed.
2. Authoritative Analysis. In addition to cases from the Supreme People's Court Gazette and judgment documents released by the Supreme People's Court, other cases are analyzed by presiding judges or experts on core legal issues, with particular emphasis on explaining hot or difficult issues in professional fields.
3. Comprehensive Legal Documents. The "Legal Application" section is specifically divided into [Laws, Regulations, Rules], [Interpretations of Judicial Interpretations], [Letters of Request and Replies], [Local Regulatory Documents], and [Judicial Policies]. The replies of the Supreme People's Court to requests from lower courts on legal application issues, judicial documents published by local courts, and research findings of various courts on the trial of certain types of cases are also unique features of this series.
4. Detailed and Reasonable Classification. This series of books is divided into separate volumes based on different types of civil, criminal, and administrative cases (causes of action). The first batch introduced 43 civil case books, the second batch introduced 26 criminal case books, and now the third batch introduces administrative case books. It should be noted that some cases were rendered before relevant new laws were enacted, so there may be provisions of old laws in the judgments and analyses, but the legal issues involved remain important. Therefore, we have selectively included such cases, with the primary purpose of analyzing legal issues in the analysis. In the "Legal Application" section, the new legal basis is listed. Please note this when using the books.
During the editing process, many judges of the Supreme People's Court have given enthusiastic help and support, for which we express our sincere gratitude. We sincerely hope that this series of books can contribute to the accumulation, summary, and dissemination of judicial practice experience.