1. Text: | Print|

      China's IPR courts 'would be helpful'

      2013-12-23 07:46 China Daily Web Editor: qindexing
      1

      Judges with specialized knowledge in growing need as caseloads increase

      China is moving in the right direction by pledging to set up dedicated courts for intellectual property rights cases, a senior United Nations official has said.

      Proper legislation for IPR protection is already in place, and specialized courts will help judges become more proficient in handling complex cases, Johannes Christian Wichard, deputy director-general of the World Intellectual Property Organization, said in an interview in Singapore.

      "It is whether you do it in a specific court or do it by assigning IPR cases always to the same one chamber within a court," he said. "IPR issues concern quite a specific area of the law. They can be quite complex. For example, if you deal with a patent dispute, you don't have to be a technician but you must have the technical understanding."

      Under the present legal framework, IPR lawsuits are heard by a tribunal for civil trials or by a court's IPR division.

      In a reform blueprint by the Third Plenum of the 18th Central Committee of the Communist Party of China in November, leaders vowed to explore ways of setting up dedicated IPR courts.

      The proposal came amid a surge in IPR lawsuits and a growing awareness of intangible assets.

      In a white paper released in April, the Supreme People's Court said courts nationwide handled 83,850 civil lawsuits involving IPR in 2012, up 44.1 percent year-on-year.

      There is a clear trend worldwide for judges to be at least specialized in IPR issues, even if a country has not set up a dedicated court, the UN official said.

      Germany, for example, has a specialized federal court dealing with validity cases and a limited number of commercial tribunals to handle patent-related infringement disputes.

      "They are very popular," Wichard said, explaining they decide more patent infringement disputes than the courts in the other European Union nations combined.

      "Even cases not really involving two German companies, but just having one element in Germany, are tried in the courts because people get good judges and a reasonable price," he said.

      The United States, Japan, Russia and Finland also have courts that handle IPR issues, especially patent disputes, which require profound technical knowledge.

      The possibility of China establishing IPR courts has been discussed for several years, but the Supreme People's Court has not released a timetable on when they may be rolled out, according to Xinhua News Agency.

      Legal experts said a special court to handle the rising number of disputes is necessary. However, they also warn that such a move may result in major power shifts between administrative agencies and the Ministry of Justice.

      "The courts will be very helpful because at least the court decisions will be more consistent," said Cyril Chua, a partner of Singapore-based international law firm Bird & Bird.

      Ha Si, a lawyer in Beijing who covered the IPR sector for nearly 20 years, said judges in China's developed areas are more experienced in dealing with IPR cases than those in underdeveloped regions.

      "Founding a new court will help unify decisions on key issues for trial, paving the way for proper enforcement," she said.

      China has more than 30 high courts at provincial level that are responsible for dealing with IPR appeals in their regions.

      Li Shunde, deputy director of the Chinese Academy of Social Sciences' Intellectual Property Center, said the ability to enforce decisions can vary considerably.

      To reduce the gap, "we proposed creating a special IPR court to handle appeals, something like the US Court of Appeals for the Federal Circuit", Li said.

      However, he added, given the growing number of IPR cases, it could be too much for just one unified court of appeal to deal with cases from around China, so another option is to establish four to five courts in different regions.

      Comments (0)
      Most popular in 24h
        Archived Content
      Media partners:

      Copyright ©1999-2018 Chinanews.com. All rights reserved.
      Reproduction in whole or in part without permission is prohibited.

      主站蜘蛛池模板: 亚洲欧美日韩一区二区三区在线| 麻豆精品国产免费观看| 亚洲欧洲中文日韩av乱码| 亚洲sm另类一区二区三区| 我的小后妈韩剧在线看免费高清版 | 国产做床爱无遮挡免费视频| 亚洲一卡2卡3卡4卡5卡6卡| 成人黄18免费视频| 国产精品久久久久久亚洲影视| 免费羞羞视频网站| 国产亚洲美女精品久久久久| 男人的天堂亚洲一区二区三区| 亚洲AV综合色区无码二区偷拍| 国产福利在线免费| 亚洲av无码专区在线观看亚| 国产精品免费看久久久无码| 免费无码午夜福利片| 亚洲人成色777777在线观看 | 国产又黄又爽胸又大免费视频| 亚洲女久久久噜噜噜熟女| 99久热只有精品视频免费观看17| 亚洲黄色高清视频| 成人无遮挡毛片免费看| 免费精品视频在线| 亚洲成Av人片乱码色午夜| 免费观看激色视频网站(性色)| 亚洲色欲啪啪久久WWW综合网| 四虎影视精品永久免费| 国产乱妇高清无乱码免费| 亚洲人成网站在线播放影院在线 | 久久精品国产免费| 国产精品亚洲精品青青青| 国产男女猛烈无遮挡免费视频网站| 特a级免费高清黄色片| 婷婷精品国产亚洲AV麻豆不片| www.黄色免费网站| 国产福利免费视频 | 中文无码亚洲精品字幕| 亚洲av区一区二区三| 91免费福利精品国产| 亚洲av色香蕉一区二区三区|