China Specialized IP Courts: Substance or Theater? Part I
les Nouvelles - Journal of the Licensing Executives Society, Volume LIV No. 1, March 2019
10 Pages Posted: 24 Mar 2019
Date Written: January 16, 2019
Since 2008, the Chinese government has undergone great efforts to enhance its nationwide IPR protection system. A significant milestone in this undertaking is the establishment of three Specialized IP Courts, the Beijing Specialized IP Court (BIPC), the Shanghai Specialized IP Court (SIPC) and the Guangzhou Specialized IP Court (GIPC). On August 31, 2014, the SCNPC issued the Decision of the Standing Committee of the National People’s Congress on Establishing Intellectual Property Right Courts in Beijing, Shanghai and Guangzhou (“Decision”). This Decision officially announced the establishment of Specialized IP Courts under the Constitution and the Organic Law of the People’s Courts of the People’s Republic of China. The BIPC was established on November 6, 2014, followed by GIPC, which was established on December 16, 2014, and the SIPC was established on December 28, 2014. There are several reasons for these three venues. First, these three regions received the largest volume of IP disputes. In 2017, the IP cases received by the courts in Beijing, Shanghai, Guangdong Province, Jiangsu Province and Zhejiang Province constituted 70.65 percent of the total IP cases filed in the PRC courts. Second, these three regions are the most developed regions in China and host many high-tech companies. Third, these three regions have sophisticated legal and IP communities. Finally, these three regions have considerable foreign interactions.
Keywords: China Specialized IP Courts, China, IP, Bejing Specialized IP Court, BIPC, Shanghai Specialized IP Court, SIPC, Guangzhou Specialized IP Court, GIPC
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