The protection of intellectual property rights is a cornerstone of both innovation and international openness. In China, the legal protection of IP has been strengthened in recent years, following the introduction of the Intellectual Property Court of the Supreme People's Court half a decade ago. Feng Yilei revisits one of the most significant cases settled by the tribunal and hears the insights of national legislators on further refining I-P disputes.
It was the first legal case in China in which petroleum data was protected as a technical secret.
US-funded company C&C Reservoirs has long been a global provider of analog-based software and services in the oil and gas sector.
The dispute centered around specialized software named DAKS, developed by the company for oil and gas exploration and alleged to have been copied by one of its former employees.
The court determined the liability of the defendant in the case. After the judgment took effect, plaintiffs sent a letter to the Supreme People's Court, expressing gratitude for their fair treatment.
LYU XIAOGUANG Vice President and Chief Reservoir Engineer, C&C Reservoirs "Protecting intellectual property for emerging technologies and knowledge-based data poses a global challenge, due to few precedents. We recognize that the judges at the court have overcome challenges. We expect China to further improve their efficiency and capability, enforcing intellectual property protection."
In the past five years, the IP Court of China's Supreme People's Court has handled over 15,000 cases out of nearly 19,000 of those accepted.
HE ZHONGLIN First Deputy Chief Judge, Intellectual Property Court, Supreme People's Court "We have met our initial goals in unifying refereeing standards; enhancing trial quality and efficiency; increasing judicial credibility and global influence, highlighted by a rise in international cases that position our country as a preferred choice for intellectual property disputes; and, strengthening judicial support for innovation and intellectual property strategies."
Experts say the court's philosophy of protecting innovation through IP rights has been instrumental in creating a positive environment for technological advances and industrial upgrades.
Lawmakers and innovation entities also make suggestions to address existing challenges, such as establishing an intellectual property court and a national case base.
WANG CHUNRU Researcher, Institute of Chemistry at CAS, Member of 14th CPPCC National Committee "As a grassroots scientist, I research using fullerenes to develop innovative drugs. The pharmaceutical industry requires high levels of investment, and has a long research and development cycle. If IP rights are not well protected, I believe most people would hesitate to engage in the field. I suggest Chinese courts have more communication with innovators, enabling us to better use intellectual property rights to protect our scientific research achievements."
Foreign-related cases account for nearly one-tenth of all cases heard by the court, suggesting more and more foreign companies are turning to Chinese courts to settle IP disputes.
LYU XIAOGUANG Vice President and Chief Reservoir Engineer, C&C Reservoirs "The Chinese government's efforts to strengthen IPR protection will surely increase the confidence and willingness of foreign companies to continue investing in China. After about ten years of long-term investments, including the contribution of our research and development team in Beijing, our new product has just come to the market. If its property rights were infringed, the loss would be huge for us, so we pay more attention to the protection of IP rights. The court's hearing result is a great encouragement for us."
The Court says it is committed to speeding up the modernization of IP trials.
HE ZHONGLIN First Deputy Chief Judge, Intellectual Property Court, Supreme People's Court "We will consistently protect both Chinese and foreign litigants and rights holders equally, according to the law. We will speed up the modernization of the system, mechanism and management of trials. I think we should also be able to learn more from our foreign counterparts. In short, we aim to build China into a preferred place for international intellectual property litigation, and to build our court into an international IP protection pioneer."
FENG YILEI Beijing "Going forward, Chinese authorities say they will continue to adhere to equal protection, just as they had done in the past. They will also continue to optimize the legal environment for economic growth and keep sharing China's wisdom with the international governance of intellectual property. Feng Yilei, CGTN, Beijing."