Supreme People's Court Intellectual Property Case Commentaries

Author: Civil Court No. 3 of the Supreme People's Court
Publisher:
Publish Date: 2001-05-01
Features: This book is organized by Jiang Zhipai, President of the Intellectual Property Tribunal of the Supreme People's Court, with the participation of judges from the tribunal. It covers five major parts: disputes over patent rights, disputes over trademark rights, disputes over unfair competition, disputes over copyright (including computer software copyright), and disputes over technical contracts, along with an appendix. The book systematically classifies, compiles, and explains various second-instance and retrial intellectual property cases handled by the Intellectual Property Tribunal of the Supreme People's Court since its establishment. Each case is composed of sections such as [Facts], [Determination and Judgment of the First Instance Court], [Second Instance], [Determination and Judgment of the Second Instance Court], and [Judicial Interpretation]. Relevant judicial interpretations from the Supreme People's Court are also appended to each type of case for reference. This book holds significant guiding value for the intellectual property adjudication work of courts at all levels and provides valuable reference material for intellectual property administrators, agents, lawyers, as well as teaching and research personnel, students, and faculty in the field of intellectual property studies. For the first time, this book presents a relatively comprehensive and systematic introduction to typical intellectual property cases adjudicated by the Supreme People's Court, offering readers a relatively complete display of the judicial principles and discretionary judgments applied by the court in handling cases. It serves as an excellent window for the public to understand the intellectual property adjudication work of the Supreme People's Court and the national level of intellectual property judicial protection by courts. Professionals in intellectual property adjudication, administrative enforcement, and theoretical research can also gain insights into the Supreme People's Court's understanding and application of the legislative spirit and fundamental legal principles of intellectual property laws, which will benefit the deepening of research on related issues and the refinement of adjudication practices.