China moves on trial reform of IPR cases

Chinese authorities have unveiled new guidelines for improving the procedures surrounding intellectual property rights (IPR) cases.

Chinese government has been committed to improving the protection of intellectual property rights in recent years. [Photo: IC]

The new document is China's first one specially designed for IPR trials.

The reform plan released by the State Council and the CPC Central Committee is said to be designed to increase the effectiveness of China's IPR protection and credibility of IPR trials.

Under the new rules, trials in IPR cases have to take into account international conditions, with the document saying that IPR infringement must be curbed.

Detailed measures include the creation of a compensation system for IPR infringement, increasing the number of IPR courts and recruiting more talent into the sector.

Tao Kaiyuan, vice president of China's Supreme Court, says the new guidelines will significantly improve the way China handles IPR cases.

"The new document has clarified the guidelines, basic principles, the target of the reforms, and the key measures in the trial procedures for intellectual property rights cases in the New Era. It has solidified judicial work by improving the theories, working system, and organization in the field of intellectual property rights, providing a blueprint for the development of the sector."

IPR courts are currently established in Beijing, Shanghai and Guangzhou.

Tao Kaiyuan says the legal system needs to have the ultimate say when it comes to intellectual property rights protections.

"It complies with the nature of the judiciary system as well as the working law in the intellectual property rights sector that the judiciary plays a leading role in protecting intellectual property rights, which also showcases the governing principle of "rule of law". The guidelines will lead the development of the sector, and make the protection of intellectual property rights more effective, complete, authoritative, and more concrete."

Over the past five years, around one-in-five IPR cases accepted by Chinese courts have involved foreign parties, mostly from the US and the European Union.

The vice president of the Supreme Court says the new regulations should provide the international community with more confidence in IPR protection in China.

"China's courts have closed about 20 percent of intellectual property rights cases that were accepted. That number has reached 30 percent when it comes to cases closed by the Beijing Intellectual Property Court. For many cases, both parties concerned are from other countries. They trust us. Intellectual property rights holders are more willing to file their cases in China, especially in those intellectual property courts."

Chinese courts accepted over 200-thousand IPR cases last year, a 40 percent increase compared with 2016.