We have noticed that some people in the legal field are having a hot discussion on China’s Specialized IP Courts in China. In fact this is not something new. China has had specialized IP tribunals for more than a decade. What is relatively new is the specialized tribunals for administrative cases regarding intellectual property rights.
On July 1, 2009, the China’s Supreme People’s Court (“Supreme Court”) issued a Regulation on the Division of Work in the Hearing of Administrative Cases Regarding Granting and Confirmation of Patents, Trademarks and Other Intellectual Property Rights (“Regulation”) , which took into effect immediately. In the Regulation, the Supreme Court has clarified those administrative cases involving granting and confirmation of four types of intellectual property (“IP”) –trademark, patent, integrate circuit layout design and new plant variety, to be accepted and heard by the special IP Tribunals of the relevant Beijing Intermediate People’s Courts, Beijing Higher People’s Court and the Supreme Court. As an important regulation to the series of recent judicial interpretations of the Supreme Court on strengthening IP protection in the current economic situation, the Regulation has played a decisive role in unifying the hearing of IP related administrative cases. The Regulation implies that IP-related administrative disputes are heard by more specialized judges who are familiar with both laws and IP practice, particularly, the relevant technologies. This is a great improvement in China’s IP trial practice. It is a very good for foreign investors who have already applied for or owned the foresaid IP in China.