7. To actively initiate anti-monopoly trials. Civil litigations on monopoly acts shall be accepted pursuant to the conditions of acceptance provided in the Civil Procedure Law and the Anti-Monopoly Law. To improve study in anti-monopoly trials, conscientiously sum up trial experience, and promptly clarify judicial principles, judgment standards and operation procedures. Jurisdiction of cases concerning monopoly shall be properly concentrated.
【Since the promulgation of Anti-Monopoly Law, few civil litigations concerning anti-monopoly have involved trial procedure. The main reason is that there lack of guidance of judicial interpretation regarding relevant jurisdiction, trial procedure, burden of proof, amount of compensation, etc. This opinion is sending a message that CPC will actively conduct anti-monopoly cases studies and trials.。】
8. For trademark and copyright infringement cases, especially for intentional infringement such as counterfeiting and pirating, preliminary injunctions should be actively granted upon the plaintiff’s request. In patent cases, especially for invention and utility model, preliminary injunctions should be granted prudently.
【Comments: this opinion provides an important guidance for lower courts to issue preliminary injunctions. Since preliminary injunctions will significantly affect the normal business operation of the defendant, in some regions, the plaintiffs misused this tool to attack competitors. This opinion aims to indicate the lower courts strictly applying preliminary injunctions. Given the financial crisis, this opinion is of great significance, and the proportion of granting pre-suit injunctions in patent infringement cases is expected to be lowered modestly.】
9. To intensify the judicial reexamination over affirming IPR by competent administrative authorities. The evaluation and judgment of administrative authorities on specialized technical facts shall be respected, while judicial examinations shall be independent conducted on relevant substantial conditions for granting IPR. Efforts shall be made to effectively connect the procedure for granting the IPR and the litigation procedure on infringement, so as to simplify the judicial remedy procedure and enhance the efficiency.