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.

Queen Mary School of Law Legal Studies Research Paper No. 254/2017

25 Pages Posted: 15 Feb 2017 Last revised: 19 Mar 2017

See all articles by Duncan Matthews

Duncan Matthews

Queen Mary University of London - School of Law

Date Written: February 15, 2017

Abstract

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.

Suggested Citation

Matthews, Duncan, Intellectual Property Courts in China (February 15, 2017). Forthcoming, Competition Law and Intellectual Property in China and the ASEAN, edited by Spyros Maniatis, Ioannis Kokkoris and Wang Xiaoye, Oxford University Press, 2017., Queen Mary School of Law Legal Studies Research Paper No. 254/2017, Available at SSRN: https://ssrn.com/abstract=2917154

Duncan Matthews (Contact Author)

Queen Mary University of London - School of Law ( email )

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