March 30, 2009

China to Strengthen Judicial Protection of Intellectual Property Rights

On March 30, 2009, China's Supreme Court released the Opinions on Several Issues Concerning the Implementation of the National Intellectual Property Strategies (the "Opinions"), effective the same date, which provide a general guideline for enforcing the judicial protection of intellectual property rights. The Opinions aim to strengthen judicial protection of intellectual property rights by improving the IP dispute-settlement mechanism, imposing severe punishment on IP infringement and providing more judicial interpretations regarding specific IP cases, among other things. The Opinions cover the guidelines for various IP cases, including cases concerning patents, trademarks, copyrights, commercial secrets, unfair competition, monopoly, IP contracts and foreign-related IP. The Opinions also stipulate that the Supreme Court will shortly release interpretations regarding judicial protection of well-known trademarks, as well as interpretations concerning civil action procedures for anti-monopoly cases and criteria for adjudication of patent infringement.

Copyright ©2009 by Kaye Scholer LLP. All Rights Reserved. This publication is intended as a general guide only. It does not contain a general legal analysis or constitute an opinion of Kaye Scholer LLP or any member of the firm on the legal issues described. It is recommended that readers not rely on this general guide but that professional advice be sought in connection with individual matters.References herein to "Kaye Scholer LLP & Affiliates," "Kaye Scholer," "Kaye Scholer LLP," "the firm" and terms of similar import refer to Kaye Scholer LLP and its affiliates operating in various jurisdictions.

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