Table of Contents

Governance of Intellectual Property Rights in China and Europe

Governance of Intellectual Property Rights in China and Europe

Elgar Intellectual Property and Global Development series

Edited by Nari Lee, Niklas Bruun and Mingde Li

Intellectual property law performs a number of complex functions in society. To foster innovation and creativity in a society, governments are actively using intellectual property law as a means of governance. Both in China and in Europe, intellectual property law is used to further innovation and cultural policies to increase national competitiveness in a global economy. Due to its impact on global trade, intellectual property laws are increasingly made and influenced by international norms. Against the backdrop of this dynamic global intellectual property norm competition and interaction, this book explores governance of intellectual property rights in China and Europe. This book examines and compares the series of intellectual property law and system reforms in China and Europe. Through the analysis, this book argues that a successful governance of intellectual property rights require not only the adoption of a set of norms but also transformation of the perspectives and the implementing institutions.

Chapter 16: Special intellectual property courts in China

Mingde Li

Subjects: law - academic, asian law, intellectual property law

Abstract

China’s modern intellectual property system has been developing since 1978, and has followed a trend that incorporates special trials for cases involving intellectual property. In this respect, China established special intellectual property tribunals initially in the Beijing intermediate court and high court in 1993, and then in all levels of the judicial system; including the Supreme Court, the high courts, the intermediate courts, and the basic courts. Following this trend, China even adopted another practice, where cases concerning patents, plant varieties, and layout-designs of integrated circuits could be heard by courts of first instance with special IP tribunals at the level of intermediate or basic courts. On the basis of the special trial of intellectual property cases, particularly the special trail of cases concerning patents, plant varieties, and layout-designs, the Standing Committee of the National People’s Congress passed a decision in August 2014, to establish three intellectual property courts in Beijing, Shanghai, and Guangzhou. The intellectual property courts are intermediate courts and have trans-regional jurisdiction on first instance cases concerning patents, plant varieties, layout-designs, technical secrets, and computer programs. In light of this decision, it is an experiment to establish the three intellectual property courts, and it is planned that more intellectual property courts will be set up in the near future. It is apparent that the purpose of the establishment of special intellectual property courts is to promote the judicial protection of intellectual property rights, encourage innovation and creation, and promote China’s social and economic development.

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