Program on Latest on Developments of the Chinese IP Courts

[Arthur Tan-Chi Yuan]

Unfortunately, the program is cancelled due to the speaker not receiving timely travel approvals.  We will try to reschedule the program in 2017.

The first specialized IP court in Chinese was established in November of 2014 in Beijing.  Two others were shortly formed in Shanghai and Guangzhou.  These three specialized IP courts have somewhat changed the IP enforcement landscapes for Chinese domestic and foreign IP rights' holders.

For example, these courts are second instance courts (appellate level).  While they are appellate level courts, as in the most civil law system and unlike the US appellate review, the panel of three judges reviews and adjudicates both facts and law issues.

Their appellate jurisdictions differ from each other slightly, however.  For example, Beijing IP Court has appellate jurisdictions over appeals from disputes of patents, new plant variety, IC design, technology secrets, and software from first instance courts in Beijing.  It also handles certain administrative appeals from Patent Reexamination Board relating to issued patents, new plant variety and IC designs.  Its appellate jurisdiction over administrative appeal over the Trademark Reexamination Board is also limited.

Shanghai's IP Court also handles appeals from disputes of patents, new plant variety, IC design, technology secrets, and software, but it is limited to those appeal from first instance courts in Shanghai.  Guangzhou's IP Court has its regional jurisdictional limitation as well.

As such, these courts are not yet an equivalent to the Court of Appeals for the Federal Circuit.  However, it has been a significant development for China, especially in these three major cities.

Well, it has been two years now since the courts open their doors.  We therefore are pleased to host a program on the latest developments of these courts on Tuesday, December 13, 2016 with the schedule below.