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Jiali Xu Attended Signing Ceremony for Strategic Cooperation

Author:Longan Law FirmAddtime:2017-08-08 10:19:50Font size:SmallMediumBig

The Signing Ceremony for Strategic Cooperation was held on August 7th at Beijing Intellectual Property Court between Beijing Base of People’s Court for Study and Selection of Guiding Cases and the Specialized Committee for IP Section of Case Law Board under China Law Society.
A cooperation agreement was signed between Chi Xu, President of Beijing Intellectual Property Court and Director of Beijing Base of the Supreme People’s Court for Study and Selection of Guiding Cases, and Jiali Xu, Director of the Specialized Committee for IP Section of Case Law Board under China Law Society.
At the Judicial Cases Initiative held by the Supreme People’s Court, Qiang Zhou, President of the Court, emphasized that with the adoption of the thinking, method and tools of big data and the innovative mechanism, people concerned should improve their judicial ability and professionalism, striving to build a framework of case law study, enhancing case law study, and facilitating the implementation of justice for the people.
The Base’s purpose was to explore and try out an IP case guidance system with Chinese characteristics. It has made remarkable achievements in aspects such as standardizing judicial acts to enhance judicial unity, furthering judicial transparency to strengthen judicial credibility, and reinforcing the communication among legal communities to gather judicial wisdom.
The Specialized Committee, built with the support of the Base and Beijing Intellectual Property Court, aimed to promote the study and exchange of case law.
Both the Base (Party A) and the Committee (Party B) hoped that it could draw strengths from experts and attorneys who could join the exploration to build an IP case guidance system with Chinese characteristics.
With friendly negotiation between the two parties, a strategic cooperation agreement was formed with the following points:
1. It is agreed between the two parties that both parties shall cooperate to explore the guiding theories of preceding cases and carry out research projects regarding the same judgements in similar cases, including:
1.1 Guidance of preceding cases: study on theoretical bases, historical development, international comparison, fundamental institutions and principles;
1.2 The system of guidance of preceding cases: studies on implementation mechanisms, constructions of procedures and supporting systems;
1.3 Fields of intellectual property:rules teasing and summarizing, and study on the application of guidance of preceding cases;
1.4 Hot issues and difficult questions about intellectual property rights;
1.5 Study and publication of a set of typical cases: building brand cases, shaping public opinions and increasing public concerns with the guidance system of preceding cases;
1.6 Empirical analysis and feasibility determination: guidance of preceding cases, cases with relevance to prior ones, and statistics.
2. It is agreed that cooperation shall be strengthened in the works of Advisory Committee of experts of the Base.
2.1 Party B shall refer law experts and those in practice to Party A, and Party B shall participate in the work to select, manage and evaluate the expert team;
2.2 Party B shall support the seminars and exchanges of the Advisory Committee, held by Party A;
2.3 Party B shall support Party A’s work procedures and institutional improvement.
3. Both Parties shall contribute to form long-term exchange mechanisms such as seminars, forums, and trainings, so that this IP legal community can be strengthened.
3.1 Both Parties shall cooperate to hold both domestic and international intellectual property forums;
3.2 Both Parties shall cooperate to hold small- and medium-sized seminars and conferences to discuss in depth and intensively specific questions regarding the guidance of proceeding cases;
3.3 Both Parties, in line with the needs of the development of society and the rule of law, shall cooperate to train staff in administrative and organizational institutions, as well as those in practice;
3.4 Both Parties shall cooperate to build a platform for long-term exchanges, enhancing the communications between judicial authorities, universities, academic institutions, attorneys, and administrative authorities, so that they can facilitate the combination of theories and practices and the establishment of guidance systems of preceding cases and legal communities.

(Photo taken at the Signing Ceremony)


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