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Opinion on Several Issues Concerning the Serving of the Main Objective When Handling Intellectual Property Trials in View of the Current Economic Situation

The Opinion advises people’s courts in their trial of patent, trademark and unfair competition cases in a view to protect the fostering of domestic intellectual property.


CLP Reference: 5100/09.04.21

PRC Reference: 法发 〔2009〕 23号

Promulgated: 21 April 2009

Keywords (click to search): intellectual property trials people's court patent trademark unfair competition infringement damages

(Issued by the Supreme People’s Court on April 21 2009.)


Fa Fa [2009] No.23

法发 〔2009〕 23号

At present, China’s economy is continuing to grow in a stable and relatively rapid manner, reform and opening to the outside world are being carried out further, social undertakings are developing at an accelerated pace and people’s livelihoods are further improving; however, we are also concurrently facing serious difficulties and challenges. With a view to intensifying the instillation of the spirit of the “two meetings”, implementing the state’s intellectual property strategy, causing intellectual property trials to better serve in effectively countering the shocks brought on by the international financial crisis, promoting stable and relatively rapid economic development as the main objective and more actively contributing to “maintaining growth, protecting people’s livelihoods and maintaining stability”, we hereby put forward the following opinions on several issues on the proper handling of intellectual property trial work by people’s courts in view of the current economic situation:


I. Grounding in reality, emphasising the importance and striving to enhance the specificity and effectiveness in serving the main objective when handling intellectual property trials


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