Laws of the People's Republic of China

[2007] No.1 of the Supreme People's Court Each local people's court at each level of the whole nation, military courts at each level, each intermediate and grass-root court of railway transportation, each maritime court and courts at each level of Xinjiang Production and Construction Army Corps:

We hereby print and distribute the Opinions of the Supreme People's Court on Comprehensively Intensifying the Trial Work on Intellectual Property Rights to Supply Judicial Backup Force for the Construction of an Innovative Country to you, please earnestly implement them by considering the actual situation of your trial work. The Supreme People' Court

January 11, 2007

Opinions of the Supreme People's Court on Comprehensively Intensifying the Trial Work on Intellectual Property Rights to Supply Judicial Backup Force for the Construction of an Innovative Country

By proceeding from a strategic height of comprehensively building a well-off society and accelerating the undertaking of socialist modernization, the CPC Central Committee with Comrade Hu Jintao as the general secretary expressly proposed the goal and task of building China into an innovative country in the Decision of the Central Committee of the Communist Party of China and the State Council Concerning the Implementation of the Outline of Science and Technology Planning and the Improvement of the Ability to Innovate Independently and the Decision of the Central Committee of the Communist Party of China Concerning Some Significant Matters on Constructing a Socialist Harmonious Society. In order to bring into full play the judicial function of the people's courts so as to provide strong and reliable judicial backup force for the construction of an innovative country, we hereby propose the following opinions on comprehensively intensifying the trial work on intellectual property rights.

I.

Sufficiently understanding the great significance of comprehensively intensifying the trial work on intellectual property rights

1.

Comprehensively intensifying the trial work on intellectual property rights would surely boost the construction of an innovative country. The people's courts, as the judicial organs of the state, provide judicial protection for intellectual property rights, which possesses a basic station in the overall law enforcement protection system for intellectual property rights of the state and plays a leading role. In respect of adjusting intellectual property right relationships, protecting the lawful rights and interests of the obligees of intellectual property rights, punishing the crimes impairing intellectual property rights and maintaining socialist market economic order, etc, the people's courts bear irreplaceable legal responsibilities and undertake significant missions. Comprehensively intensifying the trial work on intellectual property rights would surely boost the implementation of the strategy of reinvigorating China by means of developing human resources as well as the comprehensive implementation and embodiment of the guideline of respecting labor, knowledge, talents and innovation.

2.

Comprehensively intensifying the trial work on intellectual property rights would surely conduce to building up a good international image of China. Comprehensively intensifying the judicial protection of intellectual property rights is not only an actual requirement for China to take part in international competition and to build up a more attractive soft investment environment for better introducing in foreign capital and advanced technologies, but also an objective requirement for China to fulfill its external promises and build up a good international image. Comprehensively intensifying the trial work on intellectual property rights would surely conduce o better protecting and attracting foreign investment, ensuring and upgrading the international competitiveness of Chinese enterprises and further promoting the strategy of opening wider to the outside world. By severely punishing the tortious acts upon intellectual property rights in accordance with law, rigorously punishing such gross violations and crimes as trademark counterfeit and piracy in accordance with law and fairly safeguarding the lawful rights and interests of the foreign and Chinese parties concerned in accordance with law, the people's courts would surely set up a good image of Chinese judicial protection of intellectual property rights.

3.

Comprehensively intensifying the trial work on intellectual property rights would surely accelerate the construction of a socialist harmonious society. The trial work on intellectual property rights shall conduce to the respect of the creative desires beneficial for social progress, the support of the creative activities, the exertion of the creative abilities and the protection of the creative achievements and make the society energetic and vigorous. It shall also promote and guarantee the set-up of honest mechanism in the society, direct people to keep promises, attach importance to good credit, maintain good morality, trust each other as well as to increase value identity and cohesiveness so as to realize an honesty and friendly society.

II.

The guiding ideology, goal and task as well as basic principles for the trial work on intellectual property rights

4.

For the purpose of providing judicial backup force for building an innovative country, we must stick to being directed by Deng Xiaoping Theory and the important thoughts of "Three Represents", effectively and comprehensively carry out the scientific view of development in an all-round way, adhere to the guideline of "fair jurisdiction and serving the people with all heart" and the working theme of "justice and efficiency" as required for building an innovative country and further intensify the judicial protection of intellectual property rights. We shall also protect intellectual property rights in accordance with law, maintain fair competition, boost independent innovation, serve the policy of opening to the outside world and implement the judicial protection of intellectual property rights throughout the whole process of creating, managing and using intellectual property rights so as to provide strong and effective protection for the execution of intellectual property right strategy of the state and the build-up of an innovative country and socialist harmonious society and try more best to build up a legal environment of being impartial, highly-efficient and authoritative.

5.

The main goals and tasks of providing judicial protection for the build-up of an innovative country are as follows: the trial work on intellectual property rights shall be intensified in an all-around way; the functions and roles of criminal, civil and administrative trial of intellectual property rights shall be given full play; the litigation system of intellectual property rights shall be ceaselessly improved; the judicial protection system for intellectual property rights shall be further sound; the quality of the judges who are responsible for the trial work on intellectual property rights shall be visibly increased; a sound judicial protection environment of intellectual property rights where the jurisdiction is fair, highly-efficient and authoritative, the obligees safeguard their lawful rights actively and conveniently, the infringers are punished definitely as well as knowledge and fortune circulate orderly shall be basically set up; the judicial protection ability and level of intellectual property rights shall be visibly increased; and the judicial requirements for building up an innovative country shall be comprehensively satisfied.

6.

The following principles shall be observed for providing judicial protect for building an innovative country: first, fair jurisdiction shall be adhered to. Fair jurisdiction shall be deemed as the soul and life of the trial work on intellectual property rights all the time and d Fairness and justice in the field of intellectual property rights shall be realized and maintained through lawful, fair, highly-efficient and authoritative jurisdiction over intellectual property rights. Second, the principle of uniform jurisdiction shall be adhered to. We shall handle cases strictly subject to legal provisions, ensure uniform application of laws, regulations and judicial interpretations to the trial work involving intellectual property rights and make great efforts to realize the coordination between judicial standards and ruling results. Third, the principle of equal protection shall be adhered to. The lawful rights and interests of both foreign and Chinese parties concerned shall be protected equally, local protectionism and self-centered operation by different departments shall be firmly rejected and local blockade and industrial monopoly shall be overcome. Fourth, the principle of interest balance shall be adhered to. The relationship between protecting intellectual property rights and protecting public interests and that between inspiring scientific and technological innovation and arousing the application of science and technology shall be properly handled. Intellectual property rights shall be effectively protected and the abuse of right and illegal monopoly shall be deterred at the same time. Fifth, the principle of serving the overall situation shall be adhered to. The perspective of overall situation and service awareness shall be firmly established, the simple business perspective of handling a case just as a case shall be gotten over and the organic combination of the legal effect of handling a single case and its social effect shall be realized.

III.

Giving full play to the functional role of judicial protection of intellectual property rights and guaranteeing the whole society's creative energy and innovative ability

7.

Rigorously punishing the crimes against intellectual property rights in accordance with law. We shall bring into full play the functional role of the criminal judicial protection of intellectual property rights, employ each kind of measures of criminal punishments in accordance with law so as to bring into play such functions as criminal punishment and crime prevention against intellectual property rights. With respect to such criminal behaviors on intellectual property rights as counterfeit and piracy, etc, the standards for conviction and sentencing shall be further consummated and unified, the application of probation shall be regulated and severer punishment shall be imposed according to the specific criminal circumstance and the harmful consequences; the application and enforcement of pecuniary penalty shall be strengthened simultaneously with the application of the principal penalty; attention shall be paid to economically depriving the infringers of their capacity of and conditions for recommitting crime by means of recovering illegal proceeds, capturing crime instruments, destroying the tortious products and ordering them to compensate for losses; self-incriminating criminal cases infringing upon intellectual property rights shall be tried in accordance with to law and the right of a victim to bring private criminal prosecution shall be effectively protected; in case it is found when trying an administrative case that a suspected criminal offense to which criminal punishment shall be imposed is only given administrative punishment or administrative handling, the criminal clew shall be timely transferred to the public security organ for investigation and disposal simultaneously with the proposition of a judicial suggestion to the administrative organ; in case any suspected criminal clew is found when trying a civil case, where it meets the conditions for lodging private criminal prosecution, the obligee shall be informed that he/she has the right to lodge a private criminal prosecution at the same time; in case a public prosecution shall be lodged in accordance with law, the information and materials on the suspected crime shall be timely transferred to the public security organ for investigation and disposal, the civil case may be continually tried if the trial is not affected by the transfer.

8.

Appropriately trying the civil cases on intellectual property rights. The civil trial of intellectual property rights acts as a leading role in protecting intellectual property rights and stimulating independent innovation, to which we shall attach importance to giving full play. Cases of technical intellectual property rights on patent, technical secret, computer software, new plant variety and layout-design of integrated circuits shall be tried in accordance with law, innovation results shall be reasonably and moderately protected and the protection of the key core technologies playing a leading role in the significant breakthrough of economic growth and possessing independent property rights shall be intensified; cases of intellectual property rights on such marks as trademark and landmark and each kind of cases of unfair competition shall be tried in accordance with law so as to severely regulate market competition order; cases of intellectual property rights on such expression vehicles as works and audio and video products shall be tried in accordance with law so as to boost the sound development of the copyright industries; new types of disputes over intellectual property rights on computer network and new technologies shall be tried in accordance with law so as to boost the healthy growth of emerging industries; foreign-related cases of intellectual property rights shall be tried in accordance with law so as to equally protect the lawful rights and interests of foreign and Chinese related parties; traditional knowledge, inheritance resources and non-governmental literature shall be actively protect so as to safeguard the holders' rights and interests of being informed and consent as well as sharing benefits; the scope of rights shall be scientifically and reasonably interpreted in accordance with law, apply the methods for determining infringement shall be correctly applied and the conditions for determining the equal characteristics of patent infringement cases shall be strictly grasped; well-known trademarks shall be cautiously determined in accordance with law, no well-known trademark may be determined if any case is beyond the determination scope or fails to meet the conditions for determination or the infringement accused by the plaintiff is not tenable,; attention shall be paid to providing dual protection for the parties involved in a case on business secrets and balance the relationship between the freedom of selecting work and the protection of business secrets; the effect and responsibilities of a contract on intellectual property right shall also be accurately determined, the conditions for rescinding g such contract shall be strictly stipulated and the will autonomy of the parties concerned shall be fully respected.

9.

Supervising and supporting the administration of administrative authorities in accordance with law. We shall give play to the judicial examination function of administrative trial on the administrative enforcement of intellectual property right law, supervise and support the administration of administrative authorities in accordance with law, safeguard the lawful rights and interests of the administrative counterparts of intellectual property rights, protect the administrative order of intellectual property rights and boost the administrative protection of intellectual property rights. We shall support administrative authorities to crack down upon tortious acts in accordance with law; in case an administrative authority files an application for compulsory execution of an administrative handling decision, where it meets the conditions for compulsory execution, it shall be timely ruled and executed compulsorily; intensify judicial supervision over the administrative omission of the serious tortious acts against intellectual property rights and urge the administrative authorities for law enforcement to refrain the tortious acts in light of their functions; perform the duty of judicial review over the cases of disputes over the ownership of such intellectual property rights as patent right and trademark right and carry out the examination on the legality of an administrative behavior in terms of fact verification and law application in an all-around way.

10.

Intensifying supervision over the trial of intellectual property rights and coordination between cases. We shall smooth the channel for applying for the retrial of intellectual property right cases, severely examine a case that attracts much attention from the related parties and the society, and where any wrong judgment is found, we shall timely retry the case and revise the original judgment; we shall have the work for stopping litigation and visits done properly in accordance with the relevant laws and policies where it is determined that an appeal is made unreasonably,; we shall intensify supervision over the trial of cases of disputes over administrative authorization of intellectual property rights. With respect to an affiliated case highly affecting the society, the trial courts shall attach importance to the communication with each other, unify the trial standards and ensure the consistency of judgments, in case the judgments is found to be apt to conflict with each other, the situation shall be reported to the court of higher level for guidance, coordination and resolution; the reporting system for significant intellectual property right cases shall be set up, where a case affects the overall situation and has great impact, or the object litigation is huge and is a new-type case without precedent, the court accepting such case shall notify the trial situation to the court of higher level of in a timely manner; and we shall further perfect the system for the determination and archival filing of well-known trademarks.

11.

Perfecting the system for enforcing intellectual property right cases. The system for centralized enforcing intellectual property right cases shall be set up, any court accepting relatively more intellectual property right cases shall appoint a special collegial panel or group in the enforcement department to be in charge of the centralized enforcement; in case any person against whom a judgment or order is being executed refuses to stop infringing upon as required in an effective judgment and goes on the original tortious act, the obligee may investigate his/her civil liabilities in accordance with law, moreover, the court shall assist the public security organ or the procuratorial organ to investigate his/her criminal liabilities under the crime of refusing to enforce a judgment.

12.

Perfecting the system for the jurisdiction and acceptance of civil intellectual property right cases. In principle, the first instance of civil intellectual property right cases shall be conducted by the courts at or above the intermediate level; with respect to a place where there exists too much pressure on the trial of these cases owing to the vast occurrence of such cases, the higher court may report the situation to the Supreme People's Court and request it to designate some grass-root courts to rule some intellectual property right cases; the system for designing jurisdiction of cases involving patent, new plant variety and the layout-design of integrated circuits shall be exercised strictly; the standards for the grade jurisdiction of civil intellectual property right cases shall be adjusted appropriately and the intermediate courts' acceptance scope of the cases of first instance shall be enlarged; with respect to a intellectual property right case endowed with general significance in the application of law, the lower court may report it to the higher court to try upon discussion and decision of the judicial committee, and the higher court may directly try the case where it determines upon examination that the case meets the related conditions; we shall actively probe into the reform of subject-matter jurisdiction for different instances of intellectual property right cases; with regard to a case of provisional measures before a lawsuit is lodged, the department putting it on record shall immediately transfer it to the division in charge of trying intellectual property right cases for examination by the professional judicial personnel, and ensure judgment shall be ensured to be made within the statutory time limit, and enforced immediately through the coordination of the judicial personnel.

13.

Intensifying compensation for infringement and civil punishment in accordance with law. We shall reinforce the applicable rules on compensating for the infringement upon intellectual property rights, implement the principle of full compensation, make efforts to decrease the cost for defending rights and enhance the overawing effectiveness of civil punishment. We shall appropriately loose the obligees' burden of proof; in case it is proved that an infringer has committed the tortious activity on many occasions at different time, we may presume that the tortious act is continuous, based on which we determine the corresponding compensation extent; in case mental injury is suffered by a plaintiff, as a natural person, from the tortious act, we shall, in light of his/her petition, determine reasonable consolation money for mental injury; as for the attorney fees paid for a litigation by the parties concerned according to the related provisions, they shall be reasonably determined and listed into the compensation extent in light of the petitions of the parties concerned and by comprehensively taking into consideration such elements as the necessity, the degree of support to all claims, the proportion between the claimed amount of damages and the actually judged amount, etc; we shall, in light of the subjective faults of the parties concerned, determine the corresponding liabilities for compensation, and apply civil sanction to punish the infringers in accordance with law.

14.

The provisional measures shall be applied in a correct manner and in accordance with law. With respect to any application for provisional injunction, prior enforcement, property or evidence conservation filed by a party concerned before a lawsuit is brought or during the processing of a lawsuit, it shall be accepted actively, examined swiftly, ruled cautiously and enforced immediately. We shall pay high attention to the time effect of the provisional measures adopted before a lawsuit is brought; understand the material conditions for the adoption of provisional measures in a correct manner, with respect to provisional injunction, we shall, when stressing on the examination of infringement possibility, take into consideration the prescribed period for litigation and the damage situation at the same time; with respect to evidence conservation, we shall, when taking the infringement possibility into account, stress on considering such elements as evidence risks and the applicant's ability to obtain evidences at the same time; we shall also scientifically and reasonability determine the guarantee requirements.

15.

The facts on professional technologies shall be determined appropriately. We shall stress on giving play to the roles of people's assessor, expert witness, expert consultation and technical appraisement in settling the problems faced during the determination of the facts on professional technologies. We shall, upon the recommendation of the grass-root courts of the cities the experts reside, pay attention to appointing the experts who possesses professional technological speciality and certain legal knowledge and are generally recognized; support the parties concerned of a case to invite the personnel with expertise to present in court as auxiliary personnel of a lawsuit and explain the technical problems involved in the case without being restricted by the time limit for producing evidence; with respect to a complex and difficult intellectual property right case, we may consult the technical and legal experts in the related field; with respect to a professional technological problem hard to determine by any other means, technical appraisement may be conducted by entrusting a professional organto do so. With respect to such evidential materials formed abroad as publication, whose authenticity may be directly and preliminarily determined and are not required to go through the formalities for notarial certification, except that the opposite party concerned is able to put forward effective challenge on its authenticity and the party who produces such evidence can't retort effectively.

16.

Any abuse of intellectual property right shall be forbidden. The right limits of the obligees of intellectual property rights and the general public shall exactly defined, and such defending grounds of the parties concerned as prior right, prior use right, known technology, estoppel, fair use and legitimate use, etc, shall be examined and supported in accordance with law; acts illegally monopolizing technologies and obstructing the development of technology shall be prevented, such causes for the nullification of technical contracts as restricting research and development, forcible grantback, blocking implementation, tie-in sale, restricted purchase and forbidding effectiveness questioning, etc shall be verified in accordance with so as to maintain fair competition in the technological market; the obligees shall be prevented from abusing infringement warning and litigious right and the system for determining non-tort actions and that for compensating correspondingly for indiscriminate lawsuits and shall be perfected.

17.

Making greater efforts in conciliating intellectual property right cases. We shall, when trying the intellectual property right cases by means of judgment, stress on the conciliation of such cases simultaneously, stick to the principle of "to conciliate when possible, judge when necessary, combine conciliation with judgment and solve the dispute when the case is concluded" and increase the rate of the conciliated cases and that of the compromised and withdrawn cases and implement the conciliation of throughout the whole process of trial; attach high importance to the conciliation used in the cases of provisional measures before litigation, actively probe and summarize the experience in coordinating administrative cases of intellectual property rights and self-incriminating criminal cases; attach importance to giving play to the roles of industrial associations and professional personnel in communication and coordination as well as removing the opposing sentiment and resolving contradictions and disputes.

18.

Earnestly implementing the measures of jurisdiction for the people. We shall intensify litigation guidance and interpretation, enhance the parties' ability to participate in actions, and strengthen the judgment's public reliability and executive force. We shall prepare a guide for the lawsuits of intellectual property rights; stick to the system of open trial; comprehensively implement the system of the notification of rights and obligations to the parties concerned and the system of warning litigation risk; probe into the system for directing the parties in producing evidences; probe into the trial implementation of investigation order system, with respect to any evidence that is kept by the related department under the state and can't be acquired by a party concerned on his/her/its own strength or any other evidence that can't be obtained by a party concerned owing to impersonal reasons, the court may try to authorize the party's attorney agent to investigate and obtain the evidence; we shall make greater efforts in conducting judicial relief, deduct or exempt the legal cost of the intellectuals with economic difficulties and the enterprises under especially difficult situation or close to bankruptcy; intensify the examination of agent capacity and regulate intellectual property right lawsuits lodged by citizens by proxy in accordance with law; regulate the relationship between judges and lawyers in accordance with law, earnestly examine the litigation materials presented by lawyers in accordance with law and fully hear the lawyers' opinions; reinforce the awareness of concluding a trial within the prescribed time limit and the awareness of efficiency, strictly examine and cautiously decide to discontinue an action so as to relieve the parties from unnecessary litigation exhaustion; enhance the capacity of preparing ruling papers, in which the right and wrong shall be clarified by legal reasoning.

IV.

Taking effective measures to enhance the judicial protection of intellectual property rights

19.

Intensifying the professionalization of the trial team of intellectual property rights. We shall attach importance to choosing and cultivating the intellectual property right judges from the persons who are accomplished in laws, have relatively good base in foreign languages, possess scientific or engineering background and have certain trial experience so as to further improve the professional structure of the trial team of intellectual property rights; attach importance to keeping relatively stable the judge team of intellectual property rights; build up a scientific and reasonable performance appraisal system and avoid the practice of simply taking the number of cases as a measurement standard; intensify the training of the intellectual property right judges and enhance their professional skills; enhance their political quality and professional ethics of the intellectual property right judges and effectively improve their sense of honesty and jurisdiction.

20.

Perfecting the trial structure of intellectual property rights. The Supreme People's Court, any higher court, intermediate court accepting relatively more intellectual property right cases and any grass-root court appointed to accept intellectual property right cases shall set up independent intellectual property division, while any other intermediate court shall establish a collegial panel to uniformly try the intellectual property right cases; such functional departments as those in charge of putting a case on record, criminal trial, administrative trial, enforcement and supervision on trial, etc, shall designate special collegial panels and professional personnel to take charge of examining, trying and enforcing of the intellectual property right cases .

21.

Intensifying the coordination and cooperation among the functional departments in charge of protecting intellectual property rights. The business coordination and communication among the departments in charge of the criminal trial, civil trial and administrative trial of the cases of intellectual property rights shall be intensified, the work connection between the departments in charge of the trial of intellectual property rights and the departments in charge of supervising trials shall be intensified, and information notification and business communication between the courts at higher level and that at lower level shall be intensified also. We shall attach importance to intensifying work coordination with the related administrative enforcement departments of intellectual property rights, intensifying cooperation and mutual restriction with the public security and procuratorial organs when carrying out the work involving the criminal law enforcement of intellectual property rights, and intensifying information communication and mutual cooperation with such comprehensive departments as those responsible for foreign affairs, commercial affairs, science and technology, information industry, news and publicity, etc, when carrying out the work involving the protection of intellectual property rights.

22.

Probing to set up new mechanisms for the trial work on intellectual property rights. By proceeding from the overall improvement of the capacity of providing judicial protection for intellectual property rights, we shall put forward the organic basis for perfecting the protection of intellectual property rights and scientific countermeasures for smoothing the operation of procedures for the purpose of facilitating the litigations of the parties concerned and the trial of courts, optimizing the allocation of trial resources, simplifying relief procedure and ensuring judicial unification. We shall also make in-depth research and promote the perfection of the mechanisms for settling disputes over the determination of the ownership of intellectual property rights such as patent and trademark, etc.

23.

Intensifying judicial interpretations and legislative suggestions of intellectual property rights . We shall further enhance the quality of judicial interpretations, intensify the maneuverability and transparency of judicial interpretations, unify judicial scale and ceaselessly improve the litigation system of intellectual property rights; energetically take part in the legislative activities of intellectual property rights, timely put forward legislative suggestions to the legislative organs and the related departments in the state, ascertain the judicial experience that is proved as mature enough and feasible by practices through legislation, and boost the ceaselessly improvement and perfection of the legal system of intellectual property rights.

24.

Making in-depth investigation and research on the judicial protection of intellectual property rights. We shall intensify the research on the application of law to and the construction of litigation system of the new problems of judicial protection of intellectual property rights in light of the characteristics of the development of science and technology, economy and culture and the actual situation of the trial work, draw lessons from the useful experience of other countries on protecting intellectual property rights, track the new international research results of intellectual property rights, propose scientific, reasonable and feasible countermeasures and suggestions and boost the conversion of investigation and research results. We shall also actively take part in the international legislative activities of intellectual property rights.

25.

Actively putting forward suggestions on the jurisdiction of intellectual property rights. If any problem is faced by any local government, enterprise and scientific research institution and is found in the trial of the intellectual property rights cases, judicial suggestions shall be proposed to the related competent administrative departments, industrial associations, enterprises and scientific research institutions, etc, urge them to improve the systems concerned, intensify administration, make up the loopholes, remove recondite trouble so as to provide decision-making basis for formulating the relevant policies by the local Party committees and governments . As regards any development of intellectual property rights that may exert significant impact on China's scientific, technological and economic development and industrial prosperity, we shall promptly send pre-warning signals to the related departments so as to make good preparations.

26.

Making more efforts in disseminating the judicial protection of intellectual property rights. We shall release the important news and typical cases found in the trial work of intellectual property rights on the basis of the news release system of the people's courts; stick to the principle of open and transparent trial and publish the ruling papers on intellectual property rights that have gone into effect via the internet strictly according to the related provisions and requirements; as for influencing cases, the deputies to the people's congresses, members of political consultative conference, representatives of industrial associations and the related departments, representatives of foreign governments and international organizations' institutions located in China, experts, scholars and other representative personnel and general public shall be invited to audit in the court trial so as to intensifying the publicity and creditability of the trial work on intellectual property rights; we shall make more efforts in disseminating to the outside and deepen the world's all-around and impersonal understanding of the judicial protection system and situation of intellectual property rights and the current in China.

It is a holy duty of the people's courts to provide strong and effective judicial protection of intellectual property rights for constructing an innovative country. The people's courts at various levels and all judges of intellectual property rights shall ceaselessly enhance their awareness of responsibility and that of mission of doing well in carrying out the trial work of intellectual property rights to provide strong and effectual judicial protection for constructing an innovative country, respect the mission, work hard, seek truth and be practical, explore s and create as well as make more efforts to construct a highly efficient and authoritative judicial protection system of intellectual property rights so as to provide a sound legal environment for constructing an innovative country.