from the international financial crisis, the Supreme Peoples Court closely around the CPC Central Committee on the positive response to the international financial crisis, a major strategic decision-making and timely to develop and publish a series of judicial explained that the work of guidance and policy documents of justice to guide the implementation of the trial. December 4, 2008, the Supreme Peoples Court issued on the countrys financial security and the maintenance of comprehensive, coordinated and sustainable economic development of judicial guarantees and legal services to a number of opinions, the courts at all levels and strengthen the service requirements of the overall situation, a reasonable grasp of debt-related businesses scale trials, pay attention to the interests of balance, more than the application of mediation, conciliation and judicial re-engineering and other means of legal regulation, properly handle cases involving business litigation. Since then, they have issued a series of guidance.
, executive vice president of the Supreme Peoples Court Shen Yong in an interview with reporters said that peoples actions to address the financial crisis is the partys interests above everything else, the interests of the people is supreme, constitutional law, the guiding ideology of concrete implementation. Learning, practicing the three first guiding ideology, specific to the work of the peoples court, is to serve as the overall situation for the peoples justice. This is the traditional character of the peoples court, but also the peoples court in the new historical period of the basic spirit must remain firm. Economic development in the most difficult times, peoples courts should not hesitate to choose the party and government, and business groups, and the people stand together with the party and the government were thinking, and business groups, a total well-being, and the people were breathing and conscious to the capital growth, security of peoples livelihood, security and stability as its highest goal is final. After the arrival of the international financial crisis, the peoples courts take the initiative to meet this test, and the satisfaction of the people to surrender the respondents.
I, on the countrys financial security and the maintenance of comprehensive, coordinated and sustainable economic development of the judicial and legal services to protect the views of a number of
Published: December 4, 2008
Background: The international and domestic macro-economic environmental changes caused by conflicts and disputes have emerged in the judicial field clearly shows that some of the financial district court accepted the case there is an upward trend. Statistics show that the national civil and commercial court cases in recent years for a reversal of a certain level around the state, in 2008 the first 10 months rose 15.65 percent year-on-year and growth in a contract dispute the phenomenon of borrowing outstanding contract for the sale of disputes increases the proportion of non-active , real estate disputes led to a chain reaction, a larger increase in labor dispute cases and so on.
bright spot: Peoples Court will take six measures to safeguard national financial security, including the maximum protection of state-owned financial claims, to prevent loss of state assets, evasion of bank debts in accordance with the law sanctions act to crack down on financial crimes and sanctions financial irregularities, the stable operation of the protection of the securities market and strengthen coordination and cooperation to prevent systemic risks. In addition, in accordance with the law will protect peoples business development, in accordance with the law regulating economic order and promoting the sustainable development of economic coordination, and promote administration according to law the Government to promote the establishment of a unified national market and to ensure uniform implementation of laws and policies to strengthen protection of intellectual property rights to address the implementation difficulties, such as regard to the measures taken, consciously serve the country to guard against financial risks, and safeguarding financial security and maintaining economic stability, and give full play to the role of the trial functions, in order to safeguard national financial security and economic all-round, coordinated and sustainable development, provide a powerful judicial guarantees and quality legal services.
Second, on the current economic situation and serving the overall situation of intellectual property rights trial a number of issues
Published: April 23, 2009
Background: The international financial crisis continued to the deepening of global economic growth is slowing down, Chinas economic growth rate continues to decline, long-term healthy development of the economic constraints of the institutional, structural contradictions still exist, do not regulate the market order, not a sound social credit system. Ability to convert pressure into motive force, turn the challenges into opportunities, and maintain stable and rapid economic development in our country before facing a severe test. International and domestic economic situation of intellectual property rights for the new changes in the trial of a newer and higher demands and expectations.
bright spot: opinions from the self-innovation to promote and safeguard fair competition, trade and investment environment to improve the three areas, clear and perfect a new series of intellectual property rights under the situation of judicial policy. The right
pearl bracelets to demand a clear explanation of the basic rules and criteria for infringement comparison. Clear the so-called principle of estoppel. Opinions trademark sound judicial policy requirements, the correct grasp of the exclusive right to use trademark properties, the right to define the scope of reasonable. For trademarks the exclusive right to use the core areas, should be approved to use the goods and approved based on strengthening the protection of trademarks; At the same time to confuse the market as a guideline, a reasonable delineation of the scope of trademark rights of exclusion to ensure that the operators in the use of trademarks maintain clear boundaries, so that the creation of independent brands and the development of adequate legal space. The near name brand and other acts of unfair competition, Opinion in accordance with the requirements of good faith, to ensure fair competition and protection of the rights of first principle, properly handle the registered trademark, enterprise name and prior right to the conflict, to determine a reasonable civil liability. [1] [2] [3] [4] [5]