Translated by: G·IPRs (Michael Ni, Katherine,  Shanghai Runhe Law Firm, Version: R1.0, June 29, 2009 )

For the purpose of correctly trying controversies over the infringement of patent right, this Interpretation is formulated in accordance with the Patent Law of the People’s Republic of China, Civil Procedure Law of the People’s Republic of China and other relevant legal provisions, and in combination with trial practices.

On March 3, 2009, Higher People's Court of Shanghai Municipal, in the form of instructional opinions, promulgated the Opinions on Several Issues Concerning the Application of Labour Contract Law (hereinafter referred to as "the Opinions") to all levels of the Courts of Shanghai consisting of 22 articles in all, which actually plays the role of Judicial Interpretations and solves part of the sharp difficulties in provision application and equals the interests between employees and employers. Hereby, we translated the Opinion (see http://www.giprs.org/node/499) for your reference.

This Version was previously drafted in accordance with theExamination Guide officially posted by SIPO and the purpose then was to test how to exploit GIM Technology, such as Alignment, TM Database, TermBase, management on cooperative team working, Quality Control, Version Update and other technologies, into processing large-scale bilingual documents in practice. Therefore, the non-translatable elements like figures, formula, etc. in the official version, Preface, Index and the Patent Law and the Implementation Regulations of the Patent Law (would be invalid) in the Appendix are not included in This Version. Through various methods of QA, we rectified some explicit mistakes due to a slip of a pen and it will be easier for users to find out the missed translations or inconsistent translating unit in English and Chinese through alignment. Concerning the translations in the original version which need further deliberation, we just made remarks in the internal version rather than reflect them in This Version. Above all, we share This Version with you to exploit the reference and usage of patent lawyers, agents and translators. If users find any problem, please notice us promptly for the quick response of our revision.

Author: Zhong Yi, Liu Jiayin [Shanghai Runhe Law Firm]

1.  Case  Introduction 

Court: Intermediate People's Court of One City

Plaintiff: Company A (Patentee)

Defendant: Company B (Infringer)

Authenticated users are welcomed by G•IPRs to post official texts of a legislative, administrative and legal nature and official translations (including works in the public domain or works under the copyright law protection which can be reprinted by the public authorized by the authority) with no copyright issues to do research on intellectual property legal systems of various countries. To avoid copyright disputes, memo on copyright regulations of official texts of a legislative, administrative and legal nature and official translations of every countries, district and international organization listed are as follows (hereinafter referred to as the "Memo") and your corrections are welcomed if there is any inappropriateness:

According to Berne Convention for the Protection of Literary and Artistic Works (amended on September 28, 1979), Article 2:
"(4) It shall be a matter for legislation in the countries of the Union to determine the protection to be granted to official texts of a legislative, administrative and legal nature, and to official translations of such texts."

Author: Zhong Yi, Ni Jia [Shanghai Runhe Law Firm]

1.   Brief Introduction to the Case

Court of First Instance: Intermediate People's Court of One City
Court of Second Instance: High People's Court of One City
Plaintiff of the First Instance (the Appellee of the Second Instance): Company A (the Copyright Owner of JDP Software)
Defendant of the First Instance (the Appellor of the Second Instance): Company B

Author: Liu Jiayin [Shanghai Runhe Law Firm]
Terms related to geographical indications include marks of origin, appellation of origin, special signs of geographical indication products, geographical indications of agricultural products, etc. In order to understand the difference and relation among such terms, brief introduction is provided as follows: