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China Will Strengthen IPR Judicial Protection of Strategic Emerging Industries

by:Posted:2012-02-03

Recently the Supreme People's Court issued Opinions on Several Issues Concerning Fully Leveraging Intellectual Property Trial Functions to Promote the Great Development and Great Flowering of Socialist Culture and to Promote Autonomous and Coordinated Economic Development" (the "Opinions"). The Opinions put new demands on the judicial protection of IPR.

In the filed of emerging industries, the intellectual property rights justice tend to play the role of establishing the important behaviors standards and development direction of operators, which thereby affects the development direction of the entire industry. To this end, the Opinions clearly points out that: increase protection of the right to scientific and technological achievements, promote scientific and technological progress and innovation, and improve the capability of independent innovation.

It is also pointed out that it needs to strengthen intellectual property protection of the key core technology, the basis and frontier fields and the emerging strategic industries, to nurture and develop the strategic emerging industries. As to pioneering inventions of high-degree innovativeness, heavy R&D investment and a breakthrough and leading role in the economic growth, it shall enjoy relatively stronger protection and relatively wider equal protection scope; for inventions of improvement of a relatively low-degree innovativeness, the scope of protection shall be appropriately restricted.