Judicial Interpretation Of Trademark Infringement Cases Will Be Promulgated

China's action plan for intellectual property protection in 2010 was promulgated recently.

164 specific measures are planned.

According to the plan, the Supreme Court will draw up judicial interpretations or normative documents in the case of patent or trademark authorization.

In terms of legislation on intellectual property rights, 23 laws, regulations and regulations concerning intellectual property protection, including patents, trademarks, copyrights and new plant varieties, will be amended and formulated in 2010, including the promotion of the trademark law and the amendment of the right to act, the improvement of the legal system of the labor contract system, the completion of the relevant system of the protection of trade secrets, the promotion of Legislative Coordination of the regulations on the management of biological genetic resources, the drafting of the guide to the abuse of intellectual property rights and the acceleration of the legislative process of the protection of intangible cultural heritage.

With regard to judicial interpretation of intellectual property rights, in 2010, the Supreme People's court will timely introduce judicial interpretations on the application of law to the cases of monopoly civil disputes, and issue the Supreme People's court's opinions on the trial of civil, administrative and criminal cases of intellectual property rights in intellectual property courts in some local people's courts.

At the same time, the Supreme Court will draw up judicial interpretations or normative documents to handle cases of patent or trademark authorization.

In terms of administrative enforcement and judicial protection, we will strengthen the daily enforcement of intellectual property rights by strengthening the 11 platforms of computer supervision platform for cultural market, and the procuratorial organ will promote the establishment of "online convergence and information sharing" mechanism between administrative law enforcement and criminal judicial organs.