April 13, 2018 Xinmin.cn (Xinmin Evening News)
(Reporter: Song Ninghua) “Large enterprises have complete set of “equipment,” including legal specialists and professional lawyer teams. However, small innovative start-ups like us caneasily get confused in various links when responding to a lawsuit for the first time. It’s very helpful forus to have the opportunity to attend hearings and law lectures of judges at close range.” A business representative sighed sincerely. This morning, Shanghai Intellectual Property Court held a case study workshop on the theme of “protecting technological innovation and promoting the optimization of business environment.” More than 30 representatives of enterprises from Zhangjiang High-tech Industrial Development Zone attended the workshop on invitation and received the Typical Cases of Shanghai Intellectual Property Court on Providing Judicial Guarantees for Building the Business Environment respectively.
“I think this casebook is worth reading,” said one business representative. “First of all, the catalogue is very eye-catching. For example, ‘never use the trademark of genuine goods you sold as shop sign without authorization,’‘you have to pay high compensation when opening a training course without paying software royalties’...all these are often encountered by enterprises every day. It is very useful that the court abstracts the legal problems and typical significance of such cases with highly summarized words.”
“Whoever enforces the law is responsible for publicizing the law” is a new requirement put forward by the central government to strengthen the publicity on rule of law. It’s required to combine legal publicity with the practice and integrate legal publicity and education into the whole process of practice of the rule of law. For people’s court, the best way to publicize the law is “case study,” i.e. make full use of the cases heard by courts to popularize legal knowledge and guide values.
At the workshop, the judges gave a law lecture to the enterprise representatives combining a case of dispute over computer software copyright infringement being heard. Subsequently, Judge Chen Huizhen, National Adjudication Expert, explained many representative cases in simple words combining with her rich experience, which were welcomed by the enterprise representatives.
The reporter learned that in order to give full play to judicial adjudication’s role in guiding values, Shanghai Intellectual Property Court is trying to establish a case database and by means of official website, Weibo, WeChat, editedbooks and other all-media forms, to give full play to the role of typical cases in guiding, regulation, prevention and education and to respond positively to the judicial needs of market players for IPR protection.
It turned out that Shanghai Intellectual Property Court found in previous survey that some problems existed in the IPR management and protection of market players. Should they be noticed earlier, infringement would probably have been avoided. To this end, Shanghai Intellectual Property Court invited the enterprise representatives to attend the hearing of cases and carried out law publicity focusing on hot and difficult legal issues, so as to allow more market players to learn legal knowledge and enhance their consciousness and ability to protect intellectual property rights.
It’s reported that in the future, Shanghai Intellectual Property Court will continue to carry out a series of “case study” activities through public hearings, circuit sessions, live hearings and release of typical cases, etc. to advance and enrich the spirit of the rule of law and to build the business environment with powerful judicial guarantees.
