The Vice President of China's Supreme People's Court (SPC), Cao Jianming, disclosed early this June at the Forum of Intellectual Property and China's Modernization, that the SPC was drafting a judicial interpretation on judgment benchmark of patent infringement and would take counsel with the public after making further modification of it.
Besides the judicial interpretation on the judgment benchmark of patent infringement, the SPC would also put forward guiding opinions on the major problems arising in the lawsuits concerning unfair competition and in the trial concerning new plant species. The investigation and research concerning copyright disputes of movies, music, and TV works, as well as the investigation and research concerning the cases of reexamination concerning patent licensing, was also being carried out.
According to Cao Jianming, the case categories accepted and handled by courts have covered all the areas relating to the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPs) under the WTO. Recently, however, the number of IPR cases has increased markedly with new types of crimes constantly appearing and thus the difficulty of handling has increased.
