Judicial Practice of Intellectual Property. Issue 2

Author: Su Chi
Publisher:
Publish Date: 2005-06-01
Features: In China, intellectual property protection mainly has two approaches: administrative protection and judicial protection, which is commonly referred to as the "dual-track system." Administrative protection of intellectual property refers to the investigation and enforcement actions taken by intellectual property administrative departments against infringement of intellectual property rights. When handling cases, administrative departments have the authority to order infringers to stop their infringing activities, seal and confiscate infringing products, and impose fines on infringers. However, administrative authorities do not have the power to determine the compensation owed by infringers to rights holders, and their rulings must undergo judicial review. Judicial protection of intellectual property refers to the protection granted to rights holders through litigation, where courts provide administrative, civil, and criminal remedies to parties based on the type of lawsuit. Administrative relief primarily refers to judicial review sought by parties who are dissatisfied with the rulings of administrative authorities (such as the Patent Reexamination Board or Trademark Review Board) in processes like patent applications, invalidation, trademark registration, or cancellation. Such cases in China are known as intellectual property administrative cases, and the Beijing Intermediate People's Court where I work has exclusive jurisdiction over them. Civil relief refers to the remedies provided to rights holders in civil cases by the court. Criminal relief refers to the protection granted to rights holders in cases where the Public Prosecutors' Office initiates prosecution or rights holders file a self-prosecution, where the court holds severe, intentional infringers criminally liable. Intellectual Property Trial Practice (Volume 2) is divided into five main parts: General Principles of Intellectual Property, Copyright, Patent Rights, Trademark Rights, and Anti-Unfair Competition, as well as New Frontiers in Intellectual Property Trial Practice. 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. The book adheres to the principle of linking theory with practice, systematically analyzing and exploring issues of patent infringement determination, striving to summarize judicial experience and discuss perspectives for solving practical problems...