China to improve intellectual property judgments

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China will improve its intellectual property judgments to encourage innovation and better protect intellectual property rights (IPR), according to the Supreme People’s Court (SPC) during a press conference on Wednesday morning.

China has recently issued guidance on the reform and innovation in intellectual property judgment, the first “milestone” document in the field, according to Tao Kaiyuan, vice president of the country's highest court.

"Judging cases is the top priority of our job. There is a quota on how many cases we settle every year in China. For the Supreme Court, we shall settle at least 80 percent of the cases accepted, which is unique in the world. In the west, there are no completion lines for judicial cases at all," she said.

Tao added that the guidance is expected to speed up the pace of China’s intellectual property judgment system and capacity.

Tao Kaoyuan, vice president of the Supreme People's Court of China. /Photo via State Council Information Office

The vice president explained that the guidance is due to the demands of boosting scientific innovation. The guidance stresses that “the protection of IPR is the protection of creation,” which will further encourage the people’s passion in innovation so as to enhance the country’s competitiveness.

Reports say that difficulties in presenting evidence and meager financial incentives have long been obstacles in safeguarding IPR. The guidance will also target those problems.

Meanwhile, according to Tao, the guidance is also aimed at building “preferable courts” in cases involving international intellectual property disputes. To this end, China will set up more professional teams consisting of intellectual property judges with international horizons.

Introduction to China's situation in intellectual property protection. /Photo via SCIO

Tao said that the SPC has made great efforts in the protection of intellectual property, such as issuing guidance IP cases decided by the Chinese courts. As of 2017, the SPC has issued 92 guidance cases, 20 of which are about IPR. They have provided legal basis for the Chinese courts to standardize their rulings.

"China joined many international conventions and signed some memorandums about judicial cooperation with the international community," said Song Xiaoming, Presiding Judge of Chinese Supreme Court.

"For one, China strictly follows the rules and regulations under these agreements. And, we stick to the rule that all parties' interests should be treated fairly. And all the judgments are uploaded on the internet,"

China will improve its intellectual property judgments to encourage innovation and better protect intellectual property rights./SCIO Photo

In addition, China has also set up three special intellectual property courts in Beijing, Shanghai and Guangzhou.

Tao also emphasized the importance of international exchange and cooperation in setting up a modernized intellectual property system, such as adopting positive examples from other countries as well as introducing the Chinese experience overseas.

(Li Jianhua and Wang Peng also contributed to the article)