Intellectual Property Courts in China
Forthcoming, Competition Law and Intellectual Property in China and the ASEAN, edited by Spyros Maniatis, Ioannis Kokkoris and Wang Xiaoye, Oxford University Press, 2017.
25 Pages Posted: 15 Feb 2017 Last revised: 19 Mar 2017
Date Written: February 15, 2017
In 2014 the People’s Republic of China established for the first time specialised IP courts in Beijing, Shanghai and Guangzhou. This paper provides an overview of China’s IP court system, highlighting the process by which IP courts were set up and assesses how efficiently the courts are operating. The paper argues that, while specialised IP courts have had a positive effect overall, unresolved issues remain, particularly in terms of the role of technical investigation officers, the operation of the Guiding Cases system, the absence of specialised IP courts of appeal, the lack of jurisdiction over criminal matters, and the need for more effective policies to ensure the recruitment and retention of high calibre judges.
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