Elgar Intellectual Property and Global Development series
Edited by Nari Lee, Niklas Bruun and Mingde Li
Chapter 17: Chinese developments regarding judicial enforcement mechanisms in intellectual property law
This chapter takes a fresh approach in looking at developments regarding Chinese intellectual property (IP) judicial enforcement mechanisms. It provides insights into the Chinese court system by looking at (1) its present structure and practices, including a deep look at the existing ‘three-in-one’ model and the newly established IP courts in Beijing, Shanghai and Guangzhou; and (2) its on-going reforms, including the impact on the ‘dual-track’ system, as well as the newly implemented ‘elected judiciary’. It then discusses the developments of the Chinese judicial system from a comparative European perspective. The challenges that China is facing are both specific to China and also shared globally in various legal systems. Even though China is very promising and carrying out considerable IP reform, the theoretical ideal is not always attainable in reality and practice. Moreover, a sufficient and functioning judicial system in China is discussed within an even bigger picture, which is not only a question of legal reform.
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