《最高人民法院关于贯彻实施国家知识产权战略若干问题的意见》点评

　　Chinese Supreme Court （“CSC”） issued Guideline on Implementing the Compendium of National Intellectual Property Strategy on March 30, 2009, which is a significant step towards implementing the Outline of the National Intellectual Property Strategy that was promulgated by the State Council on June 5, 2008.　Given the current financial crisis in the world, correct understanding of this opinion provides important guidance for IPR owners to enforce their IPR in China. The highlights are summarized as follows:

　　1. To promote the guiding roles of IPR judgment based on China’s unique conditions.　This step aims to keep discretion of judges with limits and unify legal standards.

　　【Comments: Although China does not adopt a case law system, in judicial practice, more importance has been attached to the guidance of judgment.　For instance, cases mentioned in the Supreme Court’s communiqués provide important guidance to the lower courts who are dealing with or will deal with similar cases　 In some relatively developed regions such as Beijing, Shanghai, Jiangsu, Guangdong and Zhejiang, high courts have been constantly reviewing and unifying their regional judicial standards in IPR adjudication. This opinion implicates that more importance will be attached to the guidance of IPR cases. 】

　　2. To study on setting up a special IPR tribunal to deal with civil, administrative and criminal cases in connection with IPR, unify the division of work in the trials of cases concerning affirming IPR such as patent and trademark etc., conscientiously sum up the pilot schemes of recent years in which civil, administrative and criminal cases in connection with IPR were dealt with by a “unified” tribunal within a court, expand collegial panels or involve IPR civil judges to probe into the trials of criminal and administrative IPR cases, make in-depth studies to solve the problems emerging from the pilot schemes and actively and reliably propel the progress.