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Guangdong IPR 2006 (1) - Judicial Protection of IPR
Latest Updated by 2007-04-20 16:34:57
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In 2006, the courts at all levels across GD Province made new progress in handling IPR-related cases. The GD court system received altogether 2,640 IPR-related civil cases of first instance, a drop of 8 per cent over last year and accounting for 18.6 per cent of the national total. 2,778 cases were concluded, accounting for 19.8 per cent of national total. The numbers of both the received and concluded cases continued to rank first nationwide. The number of second instance cases received amounted to 502, up 22.4 per cent; among them, 432 were concluded, up 32.1 per cent. With significant improvement of efficiency, the number of unsettled cases decreased and the judicial protection of IPR advanced on the right track. The courts also intensified criminal protection of IPR; altogether, they received 116 cases of IPR-related criminal cases involving a total of 226 suspects, and concluded 113 cases; among those suspects, 221 criminals were convicted. In addition, the courts received 11 IPR-related administrative cases, which were all concluded; four of those cases were concluded with complete or partial revocation of administrative decisions. The judicial examination contributed to stronger administrative protection of IPR.

GD court system highly valued settling IPR-related lawsuits through mediation to promote social harmony. In 2006, 1331 or 47.9 per cent of IPR cases of first instance were settled via mediation (including reconciled withdrawal of accusation), up 2 per cent over the previous year. The use of mediation in handling IPR cases proved efficient in settling disputes and protecting the interests of stakeholders and the general public. The court system also actively publicized the judicial verdicts of IPR cases on the Internet. In 2006, 1,418 verdicts were placed on the Internet, ranking first nationwide. Through such action, the public supervision of IPR judicial protection was strengthened and judicial handling of IPR cases improved.

Since 2004, with approval by the China Supreme Court and authorization by GD Provincial Court, Guangzhou Yuexiu District Court and seven other GD county-level IPR courts, representing 40 per cent of the 20 IPR county-level courts nationwide, have been receiving IPR-related cases of first instance. In 2006, the eight GD county-level courts strengthened judicial protection of IPR; they received 709 civil cases, accounting for 26.9 per cent of the provincial total and increasing 101.4 per cent over 2005.

In order to fortify judicial protection of IPR, the court system in GD explored ways to improve the trial mechanism. In June 2006, three courts were designated by GD Provincial Court as the pilot courts for reforming trial mechanism, namely, integrating trial of criminal, civil and administrative IPR cases in a single, unified tribunal. With the largest number of such pilot courts, GD's reform was affirmed by China Supreme Court. In June 2006, Zhongshan, Dongguan, and Foshan Municipal Courts were newly authorized to handle patent cases. That increased the number of GD municipal courts with jurisdiction over patent cases to eight, accounting for 12.9 per cent of the total number nationwide. In September, as required by the China Supreme Court, and approved by the Office of Government Institutional Planning Committee, the Third Civil Tribunal of GD Provincial Court was renamed as The IPR Tribunal. Municipal and county-level courts across GD also applied for such renaming. Those actions helped improve judicial protection of IPR.

Editor: Wing

By: Li Wei Source: newsgd.com
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