The Intermediate Count in Jinan, Shandong Province recently issued “Twenty Opinions on the Safeguard of Independent Innovation in Service Businesses” (the Opinions) to stimulate enterprises to devote to independent innovation and at the same time to explore a new mode in judicial protection in IP sector.

According to the Opinions, judges shall be fully aware of their responsibility and sense of mission in the ruling of IP-related cases and keep in mind the objectives and tasks, securing the leading role of judicial procedure in IPR protection. Appropriateness is a key principle in the application of laws. Misuse of intellectual property rights shall be avoided by scientifically defining IPR protection scope. The final purpose is to promote the spread and application of intellectual property and ensure the balance between private right and public interest.

The Opinions provides directive principles to the rulings in various IPR aspects, including patent, trademark, copyright, new plant variety, unfair competition and trade secret. It urges to protect innovation in an equitable way by clearly defining the scope of patent protection according to economic situation, industrial policies and technology development, enhance the protection of core technologies that are independently innovated and could bring significant development and breakthroughs to economy and promote the development of high-tech and new industries.

(IPR in China)