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Free ride of famous brands to be curbed

The Supreme People's Court (SPC) recently announced its working priorities in trials related to intellectual properties (IP), which include reinforcement of patent rights, trademark rights and copyright protection as well as strengthened competition protection and damage compensation, aiming to combat infringements of trademark rights, such as counterfeiting, cybersquatting and free riding.

Protection of patent rights and technical innovations, especially in cutting-edge research of fundamental sciences, strategic emerging industries and modern information technology, will be highlighted, said SPC's Vice President Xi Xiaoming when speaking at the third working conference of courts nationwide on IP related trials. Technical breakthroughs and creation should be promoted, while trademark rights should be ensured by effectively curbing any kind of free ride of well-known brands, he said, adding that copyright protection should also be simulated, which will help to develop a new landscape in cultural industry and facilitate the innovation of industrial structure and business model in the context of online environment.

As Xi pointed out, the primary ideas are to reinforce the protection of competition and combat unfair competitions including counterfeiting,misleading, business imputation and trade secret theft. Sufficient damage compensation shall be ensured in trials, where judges can employ the principle of spoliation of evidence and sustain rights holders' claims on the amount of compensation based on reasonable implication
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