China is often criticised for its lack of protection for
intellectual property rights. At the same time, Chinese companies
account for a significant portion of intellectual property
applications worldwide. To strengthen the legal protection of
intellectual property rights at home, the Chinese government
recently passed legislation establishing specialised courts.
Although it will remain a significant challenge for foreign
companies to enforce their intellectual property rights in China,
specialised courts are an important step in the right
The exponential growth of intellectual property (IP)
registrations by Chinese companies in recent years, as promoted by
the Chinese government, has led to a corresponding increase in
IP-related disputes. To improve dispute resolution, the Standing
Committee of the National People's Congress of China passed
legislation on 31 August 2014 establishing specialised IP courts in
Shanghai, Beijing and Guangzhou. It is not yet clear when the
courts will become operational.
Once established, the IP courts will have exclusive jurisdiction
in first instance over civil and administrative cases in their
respective localities relating to patents, plant varieties,
integrated circuit layout designs and technological know-how. The
IP courts will also act as courts of appeal for appeals against
judgments from the Basic People's Courts on copyrights,
trademarks and other intellectual property rights. Appeals against
judgments from the IP courts are to be made before the High
People's Court of the locality where the IP court is
The establishment of IP courts is a welcome step towards better
IP protection in China. Well-functioning IP courts would form an
important step in improving the quality of IP court rulings, and
could improve the protection of IP rights, which is often provided
for in legislation, but not in practice. That in turn might make
foreign companies less reluctant to invest in IP-intense businesses
and products in China. However, these courts will still have to
prove that effective IP protection is possible in China, which is
why the developments will be monitored closely internationally.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
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.
Department of Industrial Policy and Promotion recently issued an office memorandum pursuant to receiving representations from various stakeholders for guidance with respect to the applicability of the provisions of Section 31D of the Copyright Act, 1957.
An Invention Disclosure Form is the documentation of the invention. This is a means to document particulars of your invention and submitting it to the patent attorney who is filing your patent application.
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.
Some comments from our readers… “The articles are extremely timely and highly applicable” “I often find critical information not available elsewhere” “As in-house counsel, Mondaq’s service is of great value”
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).