Intellectual Property Court in China

[Arthur Tan-Chi Yuan]

President XI Jinping presided over a high level committee meeting on June 6 to decide action items including, among other things, "Framework Opinions of Certain Questions Regarding Pilot Reform of the Judicial System ," "Working Plan For Pilot Judiciary Reform of Shanghai," and "Regarding Working Plan For Establishing an Intellectual Property Court."1  The committee passed motions to approve the three items above and has set subsequent time tables for further implementation details.2 

More details will certainly emerge in months to come.  Once established, China will likely become another country that has a unified court that reviews intellectual property cases across China.  Whether the new court will be an appellate court (i.e., a second instance court) or a dual-tiered (i.e., a trial court and an appellate court) system, the Chinese IP community will certainly draw inputs from the US, Taiwan, Japan, Germany, UK, etc. that already have such judiciary structure, as it faces an actively growing IP litigation forum, especailly as China transforms from a manufacturing economy to an innovation economy.


2 Supra n. 1.