The IPR court gets 2019 off to a good start

World
Europe

Editor's note: Dr. Zhang Nan is a researcher at the College of Comparative Law, China University of Political Science and Law. The article reflects the author's opinion, and not necessarily the views of CGTN.

It is of great necessity to establish this court because it aims to unify and standardize the ruling of intellectual property cases, therefore it enhances the intellectual property protection in China. The average sum of patent appeal cases in the last several years was around 2,000 and there are more than 30 high courts across China.

There might be different ruling standards in different high courts, creating uncertainty in the mind of the intellectual property rights holders and by establishing the intellectual property rights court, the Chinese Supreme Court is able to solve this issue.

For example, this court establishes a specialized judges meeting system. This will work together with the Persuasive Case System of the Chinese Supreme Court to provide good judicial protection to both domestic and foreign intellectual property rights holders.

The intellectual property court of the supreme people's court of China was inaugurated in Beijing, January 1. /VCG Photo

As a legal scholar and an observer, I see the spirit of professionalism in the structure of this court. It trials the patent cases and other professional and technology involved intellectual property rights cases on appeal throughout China.

The goal of establishing this court was written into the 2008 Compendium of the National Intellectual Property Strategy. The judges who have been appointed to the court are professional and experienced, and were selected from different courts all over China and the National Intellectual Property Administration.

Half of them obtained PhDs, one-third of them have scientific educational experience and one-third of them have studied abroad and more will be selected in the near future.

I also see this court demonstrates its modernism, transparency, efficiency, and convenience. Modern technology is adopted to better serve the intellectual property rights holders. Big data analysis is used in the running of this court as well as long-distance display and AR display of the evidence.

All judges of the intellectual property court of the Supreme Court take the constitutional oath. /VCG Pho

With the consent of the parties, this court serves litigation documents, evidentiary materials, and adjudicative documents through electronic litigation platform and the website of China Judicial Process Information Online as well as other electronic means such as fax and email.

This court also organizes evidence exchanges and convenes pre-court meeting online through electronic litigation platform. The parties and the general public can get access to the registering information, members of the tribunal panel, trial procedures, and adjudicative documents through the electronic litigation platform or the website of China Judicial Process Information Online.

Protecting intellectual property rights is a fundamental state policy of China. Establishment of intellectual property rights court of Supreme Court complies with this fundamental policy. On the first day of the New Year, the opening of this court is one of the loveliest presents for intellectual property rights holders!

(If you want to contribute and have specific expertise, contact us at opinions@cgtn.com).