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IPR Presiding Judge advises on how to avoid IPR disputes

Post Time:2008-03-07 Source: IPR in China Author: Views:

On March 6, Presiding Judge of the IPR Tribunal of the Supreme People's Court Jiang Zhipei was present at the online interview for NPC & CPPCC co-hosted by chinapeace.org.cn, Xinhuanet.cn, the Information Office of the SPC and chinacourt.org and communicated with netizens.

Jiang introduced how to avoid being involved in IPR disputes for domestic enterprises.

He said that with regard to the problem of how to prevent being appealed by overseas enterprises or even losing the lawsuit, domestic enterprises shall first increase the IPR awareness, attach importance to it and apply for IPRs for invention and creation, marks and decoration & upholstery.

Compared with overseas enterprises, Chinese enterprises are weak in investment in invention and creation. As overseas enterprises usually register their patent rights in many technology fields in the own countries, domestic enterprises shall also lay emphasis on S&T investment and application for corresponding rights.

When lawsuits or disputes of overseas enterprises against domestic ones occur, the domestic enterprises shall carefully do legal analysis that whether the lawsuits or disputes are reasonable, what rights the overseas ones enjoy and if the enterprises really infringe the overseas IPR.

The courts will treat the lawsuits filed by domestic and overseas enterprises equally and take no side when handling cases concerning IPR.

The key to solving the problem is that domestic enterprises shall strengthen IPR awareness, prepare well and meanwhile, hold in own behaviors and try to avoid such disputes. [Chinese version is available on Xinhua]

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