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China Supreme Court Issues Two IP Judicial Interpretations

February 12, 2007
In late January, 2007, the Intellectual Property Division of China Supreme People’s Court issued two judicial interpretations regarding intellectual property law, namely, “The Provisions of the Supreme People' s Court on Several Issues Concerning the Application of Laws in the New Plant Varieties Dispute Cases” and “The Provisions of the Supreme People' s Court on Several Issues Concerning the Application of Laws in the unfair competition cases”.

The judicial interpretation of the new plant varieties is one of the most important actions taken by the Supreme Court to provide judicial guarantee for building new socialist countryside. It prescribes two kinds of new plant varieties infringement actions and judgment standard thereof. It also regulates the expertise organization and methods in the application of laws in the new plant varieties infringing cases.

The judicial interpretation of the unfair competition is aimed at dealing with the outstanding issues in the application the laws in unfair competition cases. It defines some triable boundaries regarding counterfeiting, false propaganda, infringing trade secret and business imputation cases. The well implementation of the interpretation is of great importance for standardizing market order, maintaining fair competition and protecting intellectual property according to law.

　

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