The Supreme People's Court: Violations of legitimate rights and interests of foreign businessmen, especially intellectual property rights violations, shall be resolutely punished.
The party group of the Supreme People's Court of China held a meeting on November 9th, 2018 to study General Secretary Xi Jinping’s speech at the opening ceremony of the first China International Import Expo and his speech during his recent visit to Shanghai. The meeting pointed out that it is necessary to provide judicial services for the construction of an open economy.
The meeting pointed out that it is necessary to promote the improvement of an open and transparent foreign-related legal system, protect the legitimate rights and interests of foreign-funded enterprises in an equal manner, resolutely punish violations of the legitimate rights and interests of foreign businessmen, especially intellectual property rights violations, and apply the punitive damages system according to law to significantly increase the cost of illegal activities. It is necessary to improve the Court’s performance in foreign-related commercial and maritime trials, give full play to the functions of the International Commercial Tribunal of the Supreme People's Court, further promote the effectiveness of the judicial service guarantee policy, and serve the construction of the Pilot Free Trade Zones and the free trade ports with Chinese characteristics.
The meeting stressed that it is necessary to focus on the establishment of a new area of the Shanghai Pilot Free Trade Zone, establish a science and technology innovation board on the Shanghai Stock Exchange along with a pilot registration system, implement the national strategy of the Yangtze River Delta’s Integrative development, and study in depth of judicial service needs and leading-edge legal issues, strengthen the training of specialized trial personnel, and give full play to the role of the Shanghai Financial Court and the Pilot Free Trade Zone Court.
The meeting stressed that it is necessary to speed up the establishment of the Intellectual Property Tribunal of the Supreme People's Court and improve the appeal mechanism for intellectual property cases at the national level. The court shall focus on serving the development of the real economy, reviewing financial cases in accordance with the law, guiding the regulations of the financial industry to serve the real economy, and helping to solve the financing difficulties faced by the real economy. The court shall strengthen judicial protection of property rights, and perfect policy measures that encourage and support the development of private enterprises.
The meeting also pointed out that the Court shall adhere to the downward shift of the focus of judicial services and the downward shift of the courts’ case load, make use of judicial big data to help make municipal administration more scientific, more fine-grained, and more intelligent, and improve the diversified dispute resolution mechanisms. The courts shall increase their capacity to hear cases related to citizens’ everyday life and properly resolve conflicts and disputes in the fields of employment, education, medical care, and eldercare that the people care about.
The amount of compensation is directly determined by the people's court according to the idiographic cases and the range regulated by the law, which is mainly due to the inability of proving the damage caused by the intellectual property infringement.
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Ministry of Commerce: Carrying out intellectual property protection for foreign-invested enterprises On November 9th, the State Council Information Office held a regular briefing on the State Council policy. At the meeting, Tang Wenhong, Director of the Foreign Investment Department of the Ministry of Commerce, gave a brief introduction on the improvement of the business environment in the foreign investment sector.
The Finnish company Metso sued a Chinese company for infringement, claiming 6.2 million damages in two cases. In the two cases, it is clear that the defendant, a mining machinery manufacturing company in Shenyang, Liaoning, infringed Metso’s right, but plaintiff’s loss of profits and the profits made by the defendant from the infringement were difficult to determine.The collegiate panel of this case thus considered a variety of factors, especially the advertising activities on the defendant’s WeChat public account.