Recently, Liu Sujin Studio and Beijing Sunshine Intellectual Property and Legal Development Foundation were entrusted by the National Intellectual Property Administration to undertake research tasks on the two themes of "2020 Intellectual Property Basic Legal Entrustment Projects--The Relevant Rules of Judicial Protections and Extraterritorial Application in the Basic Law of Intellectual Property".
“The Intellectual Property Basic Legal Entrustment Project” is a research project carried out by the NIPA for many years. The basic law of intellectual property aims to adapt to the needs of our country's intellectual property system in the process of innovation-driven development and globalization from the perspective of legal system, and to promote the establishment of an intellectual property governance system with Chinese characteristics.
Beijing Sunshine Intellectual Property and Legal Development Foundation, as one of the undertakers of the NIPA's "2020 Intellectual Property Basic Legal Entrustment Project", mainly undertakes the research task for sub-project "The Relevant Rules of Judicial Protections and Extraterritorial Application in the Basic Law of Intellectual Property". At present, various research work is being carried out in an orderly manner.
On the morning of May 15, the Department of Regulation and Law of the NIPA organized a briefing on the "2020 Intellectual Property Basic Legal Entrustment Project" in the form of a Tencent meeting. The meeting was chaired by Hu Anqi, deputy director of the Second Division of the Department of Regulation and Law. He Yuefeng and Lv Zhihua, deputy directors of the Department of Regulation and Law, attended the meeting.
As a member of the entrusted project team, President of China Intellectual Property Law Research Association, Dean of Intellectual Property School of Renmin University, Chairman of Beijing Sunshine Intellectual Property and Legal Development Foundation, Professor Liu Chuntian from Liu Sujin Studio, Vice President of China Intellectual Property Law Research Association, Former Vice President of the Intellectual Property Tribunal of the Supreme People's Court, Professor Jin Kesheng from Liu Sujin Studio, and Liu Shaojun, Deputy Secretary-General of Beijing Sunshine Intellectual Property and Legal Development Foundation attended the meeting.
Professor Jin Kesheng introduced the research progress for the subject of “The Relevant Rules of Judicial Protections and Extraterritorial Application in the Basic Law of Intellectual Property”. The studio gives full play to the advantages of research resources, relies on the research strength of the Foundation and the Institute of Applied Law of the Supreme People's Court, and takes the formation of new basic law draft of intellectual property as its direction of effort, focusing on the way of judicial protection of intellectual property and the conflict of jurisdiction over intellectual property disputes. Conduct research and demonstration on issues such as extraterritorial application, judicial protection of intellectual property and judicial assistance, and strive to conduct in-depth specific research on the situation and effects of relevant intellectual property policies and legal provisions implemented in the National Intellectual Property Strategy Outline in the field of administrative and judicial practice, and on this basis, making recommendations for provisions.
Professor Liu Chuntian emphasized that with the continuous development of the Internet and intellectual property, we should not simply resist "long-arm jurisdiction" in terms of intellectual property protection but should establish our own jurisdictional thinking and study the establishment of a corresponding legal system for strengthening intellectual property jurisdiction in China.
In addition, the project team of Zhongnan University of Economics and Law, the project team of the Intellectual Property Development Research Center of the NIPA, and the project team of Peking University respectively discussed the "Basic Principles of Intellectual Property Law and Relevant Rules for Administrative Protection" and "Related Rules for Institutional Coordination in the Basic Law of Intellectual Property". Also made a project report on the topic of "Relevant Rules on Promoting Innovation and Optimizing the Business Environment in the Basic Law of Intellectual Property".
At the end of the meeting, Deputy Director He Yuefeng made a concluding speech. He hoped that under the circumstance of major changes in the international situation, each project team’s attention should be paid to handling the relationship between the basic laws of intellectual property and public policies, the market, the existing laws of the intellectual property department, the international rules of intellectual property and the future development direction, and reach consensus on the targets, orientation, role, status and necessity, so as to achieve substantive results in the project research.
Subsequently, under the unified coordination of the Department of Regulation and Law, the studio will continue to strengthen cooperation with the Supreme People's Court, deepen the application of law in foreign-related intellectual property civil relations, the connection of civil, administrative, and criminal procedures, judicial confirmation of administrative mediation, and the establishment of specialized intellectual property courts. Research on specific issues such as the rules of evidence in intellectual property litigation and the evidence preservation system and put forward constructive opinions and suggestions for subsequent legislation.
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Copyright: The Beijing Sunshine Intellectual Property and Legal Development Foundation