Judicial Guidance and Reference on Intellectual Property (Volume 2)

Author: Gao Famin
Judicial Panel: First Circuit Court of the Supreme People's Court
Publisher:
Publish Date: 2002-04-01
Features: This volume collects and organizes laws, regulations, judicial interpretations, administrative rules, and relevant theoretical articles and business materials in the field of intellectual property rights, including patents, copyrights, trademarks, and anti-unfair competition, issued since 2000. The "Intellectual Property adjudication policies and spirit" section publishes guiding opinions on intellectual property drafted by the Supreme People's Court to implement national laws and policies. The "Judicial Interpretations" section features three judicial interpretations released by the Supreme People's Court at the end of 2000 and early 2001, covering issues such as network copyright, preservation of trademark rights, and legal protection of plant varieties. In the "Frontier of Intellectual Property Adjudication" section, the latest developments in intellectual property adjudication are introduced, and special articles on how to understand and apply judicial interpretations are invited from those who drafted them. To meet the needs of "accession to the WTO," the "Intellectual Property Special Topics" section publishes discussions such as "China's Intellectual Property Legal Protection Mechanism in the Face of WTO," "On the Concept, Historical Development, and Legal Protection of Intellectual Property," and "On China's Intellectual Property Legal Liability System." In the "Laws" section, the decision of the Standing Committee of the National People's Congress to amend the "Patent Law of the People's Republic of China" and the newly revised patent law are published. In the "Case Analysis" section, selected second-instance case analyses written by judges who presided over the cases are featured, revealing the Supreme People's Court's judicial approach in handling complex intellectual property cases and providing guidance and reference for lower courts. Building on the structure of the first volume, this volume introduces a new section called "Foreign Judicial Exchange." This section will gradually publish reports on exchanges, inspections, and visits by judges from the Supreme People's Court and local courts to countries in the United States and the European Union. It will share the judges' observations and firsthand experiences, aiming to promote professional exchanges between Chinese and foreign intellectual property legal circles, enhance mutual understanding, and continuously improve the level of intellectual property legal application and protection mechanisms.