【Comments: Judicial examination over granting patent right and trademark right has been remaining a difficulty in trial practice. Since the court cannot directly declare the invalidity of a patent or revoke a registered trademark but can only revert it to the Trademark Review and Adjudication Board or the Patent Reexamination Board for decision, so in practice, the outstanding issue is that the procedure for the parties concerned to seek remedy is too complicated and lengthy, which is adverse to protect the interests of the parties concerned. This opinion implies that it will make further efforts to enhance the adjudication efficiency.】
10. More efforts shall be made to crack down the activities of counterfeiting registered trademarks and infringing upon copyrights. While applying principal penalties according to law, the application and enforcement of monetary penalties shall be intensified. Moreover, the ability of and the conditions for the infringer to commit a crime again shall be deprived economically by taking such measures as confiscating illegal gains and tools for crime and destroying infringing products.
【Comments: This opinion expressly signals that the criminal sanction will be intensified against IPR infringement. 】
© 2009, Patrick Ma, MWE China Law Offices
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This article is not intended to give, and should not be relied upon for, legal advice in any particular circumstance or fact situation. No action should be taken in reliance upon the information contained in this article without obtaining the advice of an attorney.
【作者简介】