Judicial explanations on patent and trademark rights grants and determinations to be drafted out

2010 China IPR Protection Action Plan elaborated 164 concrete measures and the plan also disclosed that the Supreme People's Court will draft out judicial explanation or standard documents for the trial of the cases involving patent and trademark rights grants and determinations.

In respect of IPR legislation, in 2010, China will amend or institute 23 laws, regulations and provisions related to patents, trademarks, copyrights and new plant varieties, including the revision of Trademark Law and Copyright Law, the betterment of the legal system about employment contract system, the improvement of related systems on commercial secret protection, the institution of Anti-Monopoly Guidance on IPR Misuse and quickness of ICH protection legislation.

As for IPR judicial explanations, in 2010, the Supreme People's Court will issue the judicial explanations on the trial of monopoly civil disputes and promulgated Opinions of the Supreme People's Court on the Unification of Jurisdiction of IPR-Related Civil, Criminal and Administrative Cases into IPR Tribunals in some local people's courts.

Concerning administrative law enforcement and judicial protection, China will enhance IPR everyday law enforcement and the procuratorate departments will coordinate administrative law enforcement entities and criminal judicial divisions to build a mechanism of Joining via Internet and Sharing the Information.