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The Supreme Court Exploring Feasibility of Establishment of IPR Evidence Disclosure System and Reforming the Current Patent Invalidation System

DATE:2018-05-17      FROM:

On 18 March 2015, the Supreme People's Court has set up the Center for IPR Judicial Protection Research, absorbing all levels of judges all over China as part-time researchers.  The researchers have sound IPR academic performances and rich IPR case-hearing experiences.  They focus their studies on the following issues: the hot and tough theoretical issues in the current IPR case-hearing practices, the issues regarding the standard for applied laws, and the new issues arising from the systematic reforms of IPR judicial protection, including:

1)Regarding the difficulties on bearing the burden of proof in IPR judicial proceedings, to explore the feasibility of establishment of evidence disclosure system on IPR case hearing, to conduct search on fair and solid rules regarding the burden of proof, to design wise and effective deposition procedure, and to carry out theoretical researches on the system regarding infringement damages;

2)Surrounding especially the hearing process design of patent and trademark infringement, right authorization and right affirmation, to conduct researches on the fundamental theoretical issues in reforger of the case hearing process, and to particularly tackle the problems of loop suits and low efficiency in the civil and administrative case hearing;

3)To make in-depth research on the reformation of patent invalidation system, to navigate on the simplification of right-affirming process, and to push forward the sound patent nullification system complying with the specific China national situation;

4)To operate consolidated theoretical research in the IPR judicial reform, so as to accumulate valuable experiences for the judicial reformation.

 

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