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Supreme People’s Court, Opinion on Several Issues Concerning the Thorough Implementation of the State Intellectual Property Strategy
最高人民法院关于贯彻实施国家知识产权战略若干问题的意见

Overlap between IP and unfair competition tackled.

Issue: April 2009

CLP Reference: 5100/09.03.30

Promulgated: 30 March 2009

Keywords (click to search): intellectual property IP internet infringement patents copyrights trademarks unfair competition trade secrets specialised intellectual property trial court

Published: March 30 2009

Main Contents: The Opinion suggests increasing liability for compensation for malicious infringement, repeated infringement, large-scale infringement and other such serious forms of infringement (Article 5).

Patent rights shall be protected in accordance with the law based on national conditions and guided by the requirements of the state strategy. The guidance function of intellectual property judicial policy in scientific and technological innovation activities shall be enhanced while balancing the interests of rights holders, users and the public (Article 9).

When effectively responding to the challenges posed to...


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