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Date: Mar. 02,  2019 Date: 2019年Mar. 02 Source: Adapted from the website of China IP Protection

Vice-President of the Supreme Court Put Forward Suggestions on IP Judicial Protection in Internet Environment

In recent years, with the continuous development of science and technology, the protection of intellectual property rights in the Internet environment is facing many new situations and problems. In this regard, TAO Kaiyuan, Vice President of the Supreme People's Court, believes that all things are interconnected and it is difficult to sharply distinguish between online and offline. Therefore, from the perspective of the overall evolution, construction and reform of intellectual property legal system, the following suggestions are put forward:

 

1. Attach great importance to and actively and steadily promote the legislative work of the Law on Special Procedures for Intellectual Property Litigation, and constantly improve the litigation system that conforms to the characteristics of intellectual property cases.

 

2. Coordinate and promote the revision work of the copyright law, patent law and trademark law. On the basis of the draft legislation proposed by various departments, it is necessary to coordinate and promote the relevant legislative work and establish a coordinated compensation system for intellectual property infringement.

 

3. Attach great importance to the laws on competition related to the Internet and amend the Anti-unfair Competition Law and the Anti-monopoly Law in a timely manner. Actively respond to the widespread concern at home and abroad about illegal network intrusion, maintain a fair and orderly market competition environment, and promote the healthy and orderly development of the Internet industry.

 

4. Actively participate in the formulation of international rules for the protection of intellectual property rights on the Internet, attach great importance to and deeply participate in the negotiation of multilateral and bilateral trade rules of WTO, etc. Coordinate the resources of the government, enterprises and industry associations as a whole, smooth the information communication channels, give full play to the core advantages of China's Internet enterprises, and widely mobilize the enthusiasm of stakeholders.

 

5. Continuously improve the multiple mechanism for dispute resolution over intellectual property rights in the Internet environment, strengthen the cooperation with WIPO in the field of alternative dispute resolution, give full play to the positive role of relevant industry associations, intermediaries and arbitration institutions, and promote the construction of third-party platforms for resolving intellectual property civil disputes.

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