My colleague Susan Finder provides a great overview on Supreme People’s Court Monitor of how the SPC delivered its first batches of documents designed to ensure a seamless transition to the Civil Code, see here. One batch of documents are 18 judicial interpretations on the respective IP laws to make sure that they are in accordance with the Civil Code, see here. Therefore, it is no wonder that the term “民法典” (Civil Code) occurs 84 times in these judicial interpretations.
The Decision of the SPC on Amending 18 IP Judicial Interpretations including the Interpretation of the SPC on Several Issues Concerning the Application of Laws in the Trial of Patent Infringement Disputes (II) was approved by the SPC on 23 December 2020. It was adopted at the 1823th meeting of the Judicial Committee of the SPC and came into force on 1 January 2021.
The following judicial interpretations went into force: 2 on patent law; 7 on trademark law; 1 on copyright law; 1 on internet intermediary; 2 on new plant variety law; 1 on unfair competition and 1 on monopoly acts; 1 on domain names; 1 on technology contracts; and one on IP courts.
2. Several Provisions of the SPC on the Application of Law in the Trial of Patent Dispute Cases.
3. Interpretation of the SPC on Issues Concerning Jurisdiction and the Scope of Application of Law in Trial of Trademark Cases.
4. Interpretation of the SPC on Several Issues Concerning the Application of Law of Civil Dispute Cases of Trademarks.
5. Provisions of the SPC on Several Issues Concerning the Trial of Civil Disputes Involving Conflicts between Registered Trademarks, Enterprise Names and Prior Rights.
6. Interpretation of the SPC on Several Issues concerning the Application of Law in the Trial of Civil Dispute Cases Involving the Protection of Well-Known Trademarks.
7. Interpretation of the SPC on the Jurisdiction of Trademark Cases and the Application of Law.
8. Provisions of the SPC on Several Issues Concerning the Trial of Administrative Cases Concerning Trademark Authorization and Confirmation.
9. Interpretation of the SPC on the People’s Court Property Preservation of Registered Trademark Rights.
10. Interpretation of the SPC on Several Issues Concerning the Application of Law in the Trial of Copyright Civil Dispute Cases.
11. Provisions of the SPC on Several Issues Concerning the Application of Law in the Trial of Civil Disputes Concerning the Infringement of Information Network Dissemination Rights.
12. Interpretation of the SPC on Several Issues Concerning the Trial of New Plant Variety Disputes.
13. Several Provisions of the SPC on the Specific Application of Legal Issues in the Trial of Disputes over Infringement of the Rights of New Plant Varieties.
14. Interpretation of the SPC on Several Issues Concerning the Application of Law in the Trial of Civil Cases of Unfair Competition.
15. Provisions of the SPC on Several Issues Concerning the Application of Law in the Trial of Civil Disputes Caused by Monopoly Acts.
16. Interpretation of the SPC on Several Issues Concerning the Application of Law in the Trial of Civil Disputes Involving Computer Network Domain Names.
17. Interpretation of the SPC on Several Issues Concerning the Application of Law in the Trial of Technical Contract Disputes.
18. Provisions of the SPC on the Jurisdiction of Beijing, Shanghai and Guangzhou Intellectual Property Courts.
These 18 judicial interpretations will be dealt with in subsequent posts. See here.