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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
关于当前经济形势下知识产权审判服务大局若干问题的意见

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.

意见指导人民法院审理专利、商标和不正当竞争案件,以保护本土知识产权的培育。

Issue: June 2009

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.)

(最高人民法院于二零零九年四月二十一日公布。)


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:

当前,我国国民经济继续保持平稳较快发展,改革开放深入推进,社会事业加快发展,人民生活进一步改善,但同时也面临着严重的困难和挑战。为深入贯彻全国“两会”精神,落实国家知识产权战略,使知识产权审判更好地服务于有效应对国际金融危机冲击,促进经济平稳较快发展的大局,为“保增长、保民生、保稳定”作出更加积极的贡献,现就当前经济形势下人民法院做好知识产权审判工作的若干问题,提出如下意见:


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

一、立足实际,突出重点,努力增强知识产权审判服务大局的针对性和有效性




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