Recently, Shanghai Intellectual Property Courtformulated Several Opinions ofShanghai Intellectual Property Court on Providing Judicial Protection for the Construction of Shanghai International Trade Center During the 13thFive-Year Plan Period (hereinafter referred to as "Opinions") with the aim to implement the Construction Plan of Shanghai International Trade Center During the 13thFive-Year Plan Period and give full play to the role of IPR judicial services in its construction. Centering around the important strategic deployments of the CPC Central Committee and CPC Shanghai Municipal Committee on speeding up the construction of Shanghai International Trade Center, the Opinions aims to accelerate the implementation of innovation-driven development strategies, deepen the reform of judicial system, give play to the dominant role of judicature in IPR protection, and actively promote FTZ system innovation for the purpose of creating a just, open and transparent legal environment and a law-based, internationalized and facilitating business environment, and scale new heights of trade system environment, thereby providing more effective judicial services for the construction of Shanghai International Trade Center. The Opinions set forth 12 articles and put forward specific measures in five aspects. First, define goals and principles. We should, taking it as the goal to build Shanghai into a international trade center with sound legal environment and the ability to allocate resources in both international and domestic markets, conscientiously implement the judicial policies of "judicial leadership, strict protection, type-based tactics and harmonious proportion", give full play to judicature's dominant role in IPR protection, manifest the trial professionism of Shanghai Intellectual Property Court, improve the level of judicial protection and safeguard Shanghai's international prestige and image of opening up to the outside world. Second, we should handle cases involving IPR disputes in international trades carefully, strengthen the study of legal issues related to IPR disputes under new trade pattern, strengthen the IPR judicial protection of FTZ, trial foreign, Hong Kong, Macao and Taiwan-related cases and exercise our judicial jurisdiction according to law, insist on equal protection, encourage and promote independent innovation, and increase the cost of tort. Third, we should improve the IPR judicial protection mechanism and further increase IPR infringement damages to realize the corresponding market value of intellectual property rights being infringed. We should also attach importance to the role of temporary protection mechanisms like act preservation, property preservation and evidence preservation in suppressing infringement, actively explore new preservation methods suitable for cases involving intellectual property rights in international trades, enhance the promptness, convenience and effectiveness of IPR judicial remedies, and safeguard the legitimate rights and interests of obligees through rational allocation of the burden of proof according to law. Fourth, we should improve the specialized IPR dispute resolution mechanism, build an organic and coordinated technical fact investigation and finding system, enhance the efficiency and effects of technical fact-finding in IPR disputes involving international trades, deepen the construction of diversified dispute resolution mechanism, improve entrusting mediation of IPR disputes, and strengthen the coordination with relevant administrative organs, mediation organizations and industry associations to jointly prevent and resolve IPR disputes. Fifth, we should establish and perfect the management system of IPR disputes involving international trades, establish timely reporting system of case information, regular analysis system and forecast and warning information release system, strengthen the protection and publicity of IPR in international trades, and enhance public understanding, trust and supervision on IPR protection during the construction of Shanghai International Trade Center through webcast of court trial, Open to Public Day and news propaganda, etc.
