Recently, the Outline of China on Juridical Protection of Intellectual Property (2016-2020) (hereinafter referred to as “the Outline”) was publicized by the Supreme People’s Court, the first move to formulate a protection outline focusing on a particular trial area.
The Outline identifies the guiding thoughts, basic principles, main targets and key measures about the work of IP juridical protection. The Outline states that over the past three decades, China’s domestic IP cases have increased while the IP trial system keeps improving and IP juridical policies enhancing. Based on the successful experience of “Chinese path” to IP juridical protection concluded over the past 30 years, the Outline, for the first time, proposes eight targets for the development of IP juridical protection in a systematic and innovative way:
- establish a coordinated and open IP juridical protection policy system
- establish a clear-cut and unified rule system of IP judgment criteria
- establish a balanced IP court system
- establish a well-planned administrative system of IP cases
- establish a rule system of evidence reflecting the characteristics of IP cases
- establish a scientific and proper IP-related damage compensation system
- establish a high-quality IP judge team
- establish a long-term mechanism of international juridical communication and cooperation on IP
Particularly, the establishment of a coordinated and open IP juridical protection policy system, a balanced IP court system and a proper IP damage compensation system all possesses striking Chinese characteristics. Regarding these above-mentioned eight targets, the Outline also proposes 15 key measures in a bid to create more "Chinese wisdom" and "Chinese experience" about IP juridical protection.