SPC publicized Opinions on Offering Judicial Protection for the Improvement of Business Environment

Recently, the Supreme People’s Court issued its Opinions on Offering Judicial Protection for the Improvement of Business Environment (hereinafter referred to as “the Opinions”). A total of 22 pieces of opinions were proposed concerning the judicial role of people’s courts, improvement of investment and business, creation of stable, fair, transparent and predictable business environment and accelerated establishment of a new system for open economy.

Article 12 of the Opinions states that IP cases of various kinds should be put under trial in strict accordance with the law, with more efforts focusing on the promotion of IP protection. The Outline of China on IP judicial protection (2016-2020) should be implemented to keep moving forward the IP trial work. The legal research on IP protection in emerging areas and industrial patterns should be enhanced and the judicial interpretation and policies should be released in due time so as to improve IP protection laws, regulations and system building. The building of IP court system should be reinforced and the advantages of professional judicial organizations, staff and experience should be brought into full play. The functions of IP judicial supervision should be further performed. The judicial review of IP authorization and confirmation should be deepened and expanded. The review mechanism for the rights efficacy in IP litigations should be improved. The guiding role of civil litigation over settlement of civil-administrative overlapping disputes should be strengthened to promote the substantial settlement of IP-related administrative disputes. Administrative, civil and criminal tools should be used in combination for deterring illegal acts of IPR infringement and holding infringers accountable.