China sets up IPR court to protect tech innovation

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A national-level Intellectual Property Rights (IPR) Court will start its formal operations in Beijing from January 1, 2019, as the country seeks to better safeguard IPR, the nation's top court said on Saturday.

As a permanent division under the Supreme People's Court (SPC), the IPR Court is expected to hear complex civil and administrative appeals on patent cases around the country, said Luo Dongchuan, vice-president of the SPC and chief of the IPR Court, at a press conference.

The State Council Information Office of China held a press conference on Intellectual Property Rights Court issues on December 29, 2018. /SCIO Photo

According to the current law, complex cases involving patents for inventions or technical secrets are generally handled first by intermediate people's courts. Appeals against the first instance judgment shall be tried by provincial-level high courts.

With the new IPR Court, appeals for those complex cases can be directly handled by the SPC instead of the provincial high courts.

"Such a change in the patent-related litigation procedures is to help prevent inconsistency of legal application and improve the quality and efficiency of trials," said Luo.

The IPR Court will also help optimize the legal environment for technological innovation and create a better business environment for both domestic and foreign enterprises, he said.

IPR Court is set for China's own development

The protection of IPR has been an important issue in the China-U.S. trade war, with many U.S. observers complaining that China has not done enough in that aspect.

Luo Dongchuan, vice-president of the SPC and chief of the IPR Court said at a press conference. /SCIO Photo

Asked how the United States should view the move, Luo said that such protection was a basic national policy of China. It was done for the internal needs of China's reform and opening up, not for the demand proposed by foreign countries.

"China is already the second largest economy in the world, and its future development will rely on innovation. In order to protect innovation there needs to be legal protection for IPR," Luo said.

"Setting up an IPR Court is an important decision made by the Central Committee of the Communist Party of China. It is a major step to strengthen the legal protection of IPR and will have a significant impact at home and abroad," he added.

(Top image via VCG)