Principles and Empirical Analysis of Intellectual Property Law

Author: Sun Yingzheng
Publisher:
Publishing Date: 2004-01-01
Features: In the 21st century, the world will enter the era of globalization knowledge economy. The rapidly growing Chinese economy is quickly integrating into the wave of economic globalization, and trade related to intellectual property—especially international trade involving intellectual property—is developing rapidly. Intellectual property disputes are also increasing. Before and after China's entry into the World Trade Organization (WTO), in order to comply with the requirements of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement), China has made significant revisions and improvements to its domestic intellectual property legislation. The Supreme People's Court has successively issued new interpretations on the protection of copyright, patent rights, trademark rights, etc., enabling China to more deeply participate in world economic trade, enhancing China's comprehensive competitiveness in the international market, and making China's market economy more perfect. China's judicial protection of intellectual property has also become stronger. The amendments to relevant laws such as the Copyright Law, Patent Law, and Trademark Law have had an impact on the work of intellectual property adjudication in courts. Although the absolute number of intellectual property cases is not large, they are showing a rapid upward trend, and the scope of adjudication is continuously expanding. Taking the Intermediate People's Court of Wuhan City, Hubei Province as an example, the number of intellectual property cases accepted in 2002 increased by 62.7% compared to 2001. In response to the new demands of the legal system for intellectual property, the intellectual property adjudication work in Hubei Province has achieved significant development. Since the establishment of intellectual property adjudication tribunals in courts at all levels in Hubei Province in 1998, they have conscientiously implemented major decisions of the Party and the State, followed the deployment and requirements of the Supreme People's Court, carefully studied the situation and countermeasures after entering the WTO, implemented the newly revised Copyright Law, Patent Law, Trademark Law, and relevant judicial interpretations, boldly explored new situations and trends in intellectual property adjudication, and actively carried out intellectual property adjudication work in Hubei Province. They have effectively punished acts of infringing intellectual property rights and legally protected the legitimate rights and interests of intellectual property rights holders, safeguarded the public interest, and provided strong legal guarantees for Hubei Province's science and technology-driven strategy and the promotion of scientific and technological innovation. They have achieved remarkable results. Over the past five years, the intellectual property cases adjudicated by courts at all levels in Hubei Province have included several cases with significant national impact, as well as a batch of new types of cases involving computer software, network copyright, folk literary and artistic works, and new plant varieties. They have also boldly explored the establishment of new mechanisms for judicial protection of intellectual property. "Only in Chu can there be talent; here it flourishes." The intellectual property adjudicators in courts at all levels in Hubei Province have focused not only on the correct understanding and application of existing systems but also on in-depth theoretical discussions on cutting-edge issues. They have grounded their adjudication work in the actual conditions of the country and province while paying attention to the internationalization trend of intellectual property law, striving to build a team of adjudicators who understand law, specialize in fields, and are proficient in foreign languages. This book is a collection of recent research findings by intellectual property adjudicators in courts at all levels in Hubei Province and experts and scholars who are concerned about intellectual property adjudication in Hubei Province. Its main feature is to conduct theoretical analysis of practical issues encountered in adjudication work. Although China introduced the intellectual property system as early as the late Qing Dynasty, the establishment of a truly modern intellectual property system has been less than 20 years. When transplanting an intellectual property system that complies with international rules, due to limited awareness and a lack of cases, more attention has been paid to the superficial aspects of the system rather than to the theoretical foundation behind the rules or the social realities that necessitated their creation. This book, linked to the actual practice of adjudication, attempts to propose independent, localized opinions on establishing an intellectual property judicial protection mechanism that adapts to China's characteristics while meeting the requirements of the WTO's TRIPS Agreement. It also includes several case analyses to make it more relevant to reality and to discuss them in depth with real-life examples. At the same time, to facilitate learning, the latest intellectual property laws, regulations, and judicial interpretations are appended. Intellectual property adjudication work is a very complex task with strong professional knowledge. The young and capable judges who participated in writing this book not only have solid theoretical knowledge of intellectual property but also have accumulated rich adjudication experience in handling intellectual property cases. At the same time, to enhance the theoretical and innovative nature of the book, we have invited several experts and scholars from Huazhong University of Science and Technology who specialize in intellectual property theory to participate in its writing, combining theory and practice organically to make the book theoretical, practical, and operational. Due to our limited capabilities, errors are inevitable, and we sincerely invite our colleagues in the legal field to criticize and correct them. The publication of this book has received strong support from the leaders and editors of the People's Court Press, and we express our heartfelt gratitude here! Sun Yingzheng July 8, 2003