In order to implement the decision-making and deployment of Comprehensively Strengthening the protection of intellectual property rights by the Central Committee, unify the law enforcement standards, improve the handling level and strengthen the business guidance of intellectual property administrative law enforcement, the State Intellectual Property Office recently issued the first batch of cases of intellectual property administrative law enforcement guidance.

In 2018, the State Intellectual Property Office, which was clearly established by the Central Committee, was responsible for guiding trademark and patent law enforcement. In order to further strengthen the business guidance of intellectual property administrative law enforcement, in April 2019, the State Intellectual Property Office issued the notice on the implementation of case guidance on intellectual property administrative law enforcement (gjfbf [2019] No. 24), and decided to carry out the case guidance work of intellectual property administrative law enforcement nationwide. Through the issuance of the guiding cases of intellectual property administrative law enforcement, the level of handling cases of intellectual property law enforcement will be further improved.

According to the provisions on the guidance of intellectual property administrative law enforcement cases, the first batch of intellectual property administrative law enforcement guidance cases have been formed through local recommendation, review and selection, expert review and meeting approval, among which 3 trademark cases, 1 patent case and 1 integrated circuit layout design case have been formed. These cases have general significance in the protection of service trademark, the application of the exemption clause of seller trademark infringement, the definition of the purchase and use of infringing goods in the contracted works, the temporary protection of invention patent and the protection of integrated circuit layout design.

The first batch of cases of intellectual property administrative law enforcement guidance reflects the guidance of strict intellectual property protection, and has good legal and social effects. Next, the State Intellectual Property Office will take the guiding cases as the important guide for the business guidance of intellectual property administrative law enforcement, strengthen the publicity and interpretation of cases, improve the mechanism of guiding cases, guide relevant intellectual property law enforcement agencies to take the guiding cases as an important reference for handling similar cases, unify the law enforcement standards and constantly improve the work of intellectual property administrative protection.