Pudong Court issued ten Measures for judicial protection of intellectual property

2022/08/02

On July 28, Shanghai Pudong New Area People’s Court held a press conference to announce the “ten measures” for judicial protection of intellectual property and the “Top Ten Cases” in 2020, and provide high-quality judicial service guarantees for Pudong to build a leading district for socialist modernization.

The counterfeit Dyson hair dryer case is one of them. When the Pudong Court tried the case, it held that the defendant used the same trademark on the same product without the permission of the registered trademark owner. The circumstances were particularly serious, and his actions constituted the crime of counterfeiting the registered trademark.

At the time when the "Opinions of the Central Committee of the Communist Party of China and the State Council on Supporting Pudong New Area's High-Level Reform and Opening-up and Building a Leading Area for Socialist Modernization" was issued, the Pudong Court formed ten judicial protection measures for intellectual property rights. Deepening the reform of the "three-in-one" trial mechanism and advancing the innovation of the intellectual property judicial protection system is one of the above-mentioned measures, which aims to break the institutional bottleneck restricting the development of intellectual property judicial protection.

The ten measures also include exploring new models for online resolution of intellectual property disputes, and improving the entire online case handling system-accelerating the transformation and upgrading of the construction of smart courts.

In the process of the city’s comprehensive digital transformation, Shanghai courts have continuously introduced innovative measures, such as the “single set” filing reform of electronic dossier filed in the form of electronic file attachments with electronic files as the only filing method, the “Regulations of China (Shanghai) Pilot Free Trade Zone” 2014 clarified that “electronic files and paper files have the same legal effect”, which provides a legal basis for this reform.