| Court weighs in on IPR violations
2007-01-19 China Daily
China's top court effectively strengthened the intellectual property rights
of famous brands and products yesterday when it issued a judicial interpretation
rendering the Anti-Unfair Competition Law applicable to a wider array of cases.
The interpretation, published on the website of the Supreme People's Court
(SPC), detailed the clauses covering counterfeiting, false or exaggerated
advertising, and infringements of commercial secrets. It was the first
interpretation of the Anti-Unfair Competition Law since it was enacted in 1993.
The Anti-Unfair Competition Law does not specifically grant intellectual
property rights (IPR), but in practise it is widely applied in IPR cases.
The law bans unfair business practices, including the use of names, packaging
or decorations that are identical or similar to famous products, as well as any
methods used to obtain other companies' business secrets, whether through theft
or coercion.
Violators risk having to pay compensation and are subject to criminal
charges.
However, the SPC said on its website that the law can be difficult to apply
because it lacks details. To eliminate such ambiguity, the court's
interpretation makes some definitions clear.
For instance, a "renowned brand" is defined as a brand that enjoys a certain
level of reputation in the Chinese market and is familiar to a certain segment
of the public. And "decoration" could refer to the style of service utensils and
uniforms worn by service staff.
The SPC said that the details included in the interpretation, which will take
effect next month, were based on the court proceedings of numerous unfair
competition cases heard over the last decade. The court said that its goal was
to make the law more applicable.
"It'll serve as a guideline for Chinese courts to follow in such cases," the
top court said.
The interpretation reflects the ongoing effort to strengthen IPR protection
in China.
The SPC announced on Tuesday that copyright and patent law violators would
face longer jail terms and higher fines, making it financially impossible for
offenders to repeatedly commit such crimes.
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