Intellectual Property Adjudication Practice (Volume 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, commonly referred to as the "dual-track system." Administrative protection of intellectual property refers to the investigation and enforcement actions taken by administrative departments against intellectual property infringement. When handling cases, administrative departments have the authority to order infringers to cease infringement, to seal and confiscate infringing products, to impose fines on infringers, but administrative authorities do not have the power to determine compensation to rights holders. Moreover, administrative rulings must undergo judicial review. Judicial protection of intellectual property refers to the protection granted to rights holders through litigation by requesting the People's Court to provide protection for intellectual property. Depending on the type of litigation, the People's Court can provide administrative, civil, and criminal remedies to the parties involved. Administrative remedy primarily refers to judicial review sought by parties who are dissatisfied with the rulings of administrative authorities (such as the Patent Reexamination Board or the Trademark Review Board) during processes like patent applications, invalidation, trademark registration, or cancellation. Such cases in China are referred to as administrative intellectual property cases, 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 public procuratorates or initiated by rights holders themselves, where the People's Court holds the severely intentional infringers criminally liable. Intellectual Property Trial Practice (Volume 2) is divided into five major 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, administrative departments of intellectual property, 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 explore views on solving practical problems...