26 June 2015

China establishes Courts specialising in intellectual property law

Between November and December 2014, Beijing, Shanghai and Guangzhou courts specialising in intellectual property law initiated their activities.

The specialist courts will deliberate on:

  • Civil and administrative cases on patents, new plant varieties, semiconductor layout designs, trade secrets, software and technology;
  • Administrative cases on copyrights, trademarks and unfair competition; and
  • Civil cases on well-known trademarks.

They will act as appeal courts vis-à-vis lower court decisions and their rulings can be appealed before the High People's Courts.

Judges will be chosen from among those specialising in intellectual property law for over six years. They should have a law degree and should be Senior judges. The court in Beijing will also have certain 'technology experts', who will help in deciding technology-based cases; their specific role is, however, unclear.

Category: Article

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