Innovation and Intellectual Property in China

Innovation and Intellectual Property in China

Strategies, Contexts and Challenges

Edited by Ken Shao and Xiaoqing Feng

China is evolving from a manufacturing-based economy to an innovation-based economy, but the delicate context behind this change has not been properly understood by foreign governments, companies and lawyers. This book is an insightful response to ill-conceived notions of, and mis-assumptions regarding, the Chinese innovation economy. It represents an effort to marry a variety of “insiders’ perspectives” from China, with the analysis of international scholars.

Chapter 5: Efforts and tendencies in China’s judicial practice of intellectual property

Kong Xiangjun and Du Weike

Subjects: asian studies, asian innovation and technology, asian law, innovation and technology, asian innovation, innovation policy, intellectual property, law - academic, asian law, intellectual property law

Extract

The courts in the People’s Republic of China bear the duty to protect intellectual property rights. Tribunals specializing in intellectual property cases in China have been established for some years, at both central and local levels (hereinafter IP tribunals). Their purpose is to respond to the highly specialized nature of IP laws in general and to China’s own conditions in particular. In July 1993 the High People’s Court of Beijing set up the first tribunal for hearing intellectual property cases in China, followed by the establishment of the Intellectual Property Tribunal of the Supreme People’s Court in 1996. At present, tribunals specializing in hearing intellectual property cases exist in every High People’s Court, as well as in almost every Intermediate People’s Court and the Grassroots People’s Court in regions where economy, society and technology are relatively developed. One 5 June 2008, the State Council issued the National Intellectual Property Strategy Outline, which requires ‘strengthening the judicial protection system’. IP tribunals are required to ‘play a leading role in protecting intellectual property’ in China. The people’s courts at all levels in China have been playing such a role in judicial protection. By means of the establishment of judicial interpretations and judicial policies by the Supreme People’s Court, and through cases judged by the people’s courts at all levels, IP tribunals have effectively clarified the standards of the application of law for China’s intellectual property laws, and the legal rules relating to intellectual property disputes.

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.

Further information