Proposals to establish specialist IP courts in China have moved
forward and pilot courts are being explored in the first-tier
cities of Beijing, Guangdong and Shanghai. We do not have a start
date yet but the proposals will move China more in line with Japan
and Korea, who both have specialist IP courts (as do many
countries). At present many IP disputes in China are heard by
quasi-judicial administrative agencies rather than courts. China is
trying to improve its reputation as a lawless place for IP.
The Chinese IP system is largely used by Chinese companies and
the driver to change is probably to raise confidence in the system.
Chinese applicants filed 5% of European patent (EPO) applications
in 2013, which is behind Sweden but above Spain. In 2009, just four
years earlier, China filed 2.5 % of EPO applications. The
percentage of EPO patents filed by China has doubled in four years.
China's use of its own patent system dwarfs its use of the
European system, as there are about 150 times more patent
applications filed in China (mainly by Chinese entities) than China
files at the EPO. Given these statistics, it is no wonder that
China needs an IP court structure that the country can rely on.
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This article enunciates the recent, much awaited, and landmark judgment delivered on September 16, 2016 by Hon'ble Delhi High Court throwing light on the important provisions of the Copyright Act, 1962.
The Patents Act 1970, along with the Patents Rules 1972, came into force on 20th April 1972, replacing the Indian Patents and Designs Act 1911. The Patents Act was largely based on the recommendations of the Ayyangar Committee Report headed by Justice N. Rajagopala Ayyangar. One of the recommendations was the allowance of only process patents with regard to inventions relating to drugs, medicines, food and chemicals.
The Policy stresses on the need for a holistic approach to be taken on legal, administrative, institutional and enforcement issues related to IP.
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