On 21 april, the supreme law held a press conference to inform the national courts about the general situation regarding the judicial protection of intellectual property rights in 2021, and issued the regulations of the supreme people's court on the jurisdiction of civil and administrative cases of intellectual property rights in the first instance, as well as 10 major intellectual property cases and 50 typical intellectual property cases in the chinese courts in 2021。
The vice-president of the supreme court of justice, mr. Li kentai, asked about the protection of intellectual property rights. The people's court may also impose fines, detention and criminal liability on persons who have brought malicious proceedings, in accordance with the law, which constitutes an offence。
Li kian said that good faith was a fundamental principle in the conduct of civil activities by civil subjects and was also a fundamental principle to be followed in civil proceedings. Both our trademark and patent laws provide for the principle of good faith in the acquisition and exercise of rights。
“with regard to the judicial protection of intellectual property, the supreme people's court is very clear.” li kian said that both strict legal protection and the prevention of abuse of rights should be pursued with determination to prevent and combat bad faith in the acquisition and exercise of intellectual property rights。
Li kian described the people's court as being determined to combat the malice of the trademark in both the trademark administrative proceedings and the civil proceedings. In administrative proceedings to authorize the enforcement of trademarks, the malicious apostasy trademarks are removed by law and registration is stopped at the root of the law; in civil proceedings for trademarks registered in bad faith, the trademark holder is denied support under the law for actions contrary to the principle of good faith。
With regard to the prevention of malicious proceedings, in june 2021 the supreme law issued a reaction on the issue of compensation for reasonable expenses claimed by the defendant in proceedings concerning infringement of intellectual property rights on the grounds of abuse of the plaintiff's rights. The people's court upheld the defendant's request for compensation of reasonable expenses of counsel, transportation, food and accommodation incurred by the plaintiff in proceedings for malicious acts. People's courts may also impose fines and detention in accordance with the law on persons who have initiated malicious proceedings, in accordance with the gravity of the case, and may hold them criminally liable in accordance with the law. In any event, the cages of the woven system allow the parties to the malicious suit “to steal the chickens in a way that does not erode the rice”。
It was also mentioned that in recent years, there has been an increase in intellectual property rights cases as awareness of intellectual property protection has increased and the value of intellectual property has increased. In the future, the people's courts will continue to uphold the principle of strict protection of intellectual property rights while firmly curbing abuse of rights and promoting a good rule of law for the acquisition and exercise of intellectual property rights in good faith。
Red star reporter, takao, intern, yao roo-ha, beijing
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