最高人民法院知识产权案件年度报告(2008—2015)(中英文版)
上QQ阅读APP看本书,新人免费读10天
设备和账号都新为新人

Preface

In recent years,the Supreme People's Court(SPC)has played a leading role in the judicial Intellectual Property(IP)protection by adhering to the opinion on Serving the Overall Interests of the Country and actively implemented the National Intellectual Property Strategy.The SPC has sought to fairly and efficiently adjudicate all types of IP cases,and also innovate and perfect the judicial system and judicial mechanisms for the protection of IP rights,which has led to the increasing of the overall judicialprotectionofIPrights.Byimprovingcommunicationsand cooperation with other countries,the credibility,authority and influence of judicial IP protection has steadily improved.For the sake of developing a world-class country rich in IP,as well as a great science and technology foundation,the SPC will continue to provide steadfast judicial support for China's implementation of the Innovation-driven Development Strategy.

The key to fully developing a leading role in the judicial protection of IP is founded on trial cases.Cases serve as a concrete embodiment of judicial practices in trials and the SPC has always valued the collection and compiling of IP cases to reinforce the development of a systematic and standardized method for providing guidance for future cases.In order to develop an IP case-guiding system,the SPC established the Supreme People's Court Intellectual Property Case-Guiding Research BaseBeijing)to continuously promote the authority,guiding effect and global influence of IP cases.The Annual Reports on Intellectual Property Cases of the Supreme People's Court is another important judicial document published by the SPC that provides guidance with regards to trial criteria,judicial policies,and also approaches for judging significant,difficult and new-types of cases in the domain of IP and competition.As an important platform and manifestation of the IP case guidance system,it has attracted extensive attention from the public at large.In the annual reports,we have analyzed decisions from various IP cases received by the SPC between 2008 and 2015,and collected typical cases from the IP cases and competition cases concluded by SPC from the same period.These cases include not only civil patent,copyright,trademark,and anti-unfair competition cases,but also criminal and administrative IP cases,as well as those that refer to issues surrounding evidence and procedure in IP litigations.Included in the annual reports especially relevant are those cases selected for the annual Top Ten Chinese Intellectual Property Cases and annual Fifty Typical Cases on Judicial Protection of Intellectual Property.The application of law to issues in these representative,exemplary and typical cases,as summarized by the SPC reflects the SPC's thoughts in trial and approaches to dealing with and judging new types of difficult and complicated cases in the IP and competition fields,and thus play a very significant role in further guiding judicial practices,regulating judicial discretion,progressing a unified applicable law,andfacilitatingeffectivelawenforcement.Meanwhile,bycompiling,publishing and distributing this annual reports,we hope that the spirit and rules of law in these typical cases will be disseminated to the public.This will,in turn,become an important drive in advancing the protection and utilization of IP,and encouraging scientific and technological development.

Currently,the trials of IP cases in China are performed by adhering to an open mind,giving considerations to the state of present day realities and national conditions,and showing respect for international treaties.We are positively participating in and guiding the formulation of international rules,and expanding China's international influence with respect to the judicial protection of IP.In order to bring the judicial protection of IP in China to the attention of the international community,these reports have been translated into English by professionals under the leadership of Chinese Courts International Exchange BaseShanghaifor Judicial Protection of Intellectual Property Rights,and is now published simultaneously in both Chinese and English versions.With the annual reports serving as a medium,we sincerely hope to further improve communications with foreign judicial institutions,academic and research institutes.We hope to develop this into an important window of China to display the achievements in judicial protection realized by the courts in China,to serve as an important channel to advance international communications about IP with the courts in China,and as an important platform for China to participate in,navigate and even lead in the international protection of IP and the formulation of rules so that we can contribute more Chinese wisdom and experience to international IP judicial protection.