Page 134 - 2017 White Paper
P. 134
7 White Paper on the Business Environment in China
The Intellectual Property Courts highlight the 2. The First Patent Preliminary Injunction Issued by
characteristic of direct management. The number Intellectual Property Court.
of internal division is less than the average court.
The requirements of “let the trial judge, let the judge On June 22nd 2016, based on the application of
charge”, three intellectual property courts take the lead Christian Louboutin who owns design “cosmetics
in implementing the trial reform measures and explore cover”, “cosmetics containers”, Guangzhou Intellectual
and establish operation mechanisms of judicial power, Property Court made a pre-injunction ruling to order
ensuring the judicial power to be exercised impartially. the respondent Guangzhou Wentan Trade Co., Ltd. to
The Judge team consists of a judge, an assistant judge immediately stop manufacturing, sales and offering for
and a clerk. The judge is responsible for the trial with sales of nine products relevant to lipstick and Guangzhou
the support of the judge’s assistant and the clerk is Beilingfei Cosmetics Co., Ltd. to immediately stop
responsible for the affairs of the work. The judge who manufacturing nine products. It is reported that this is
undertakes the case is the chief judge of the collegiate the first preliminary injunction issued by Guangzhou
bench. Meanwhile, the reporting system was cancelled Intellectual Property Court and also the first one since
and changed into a consulting system. Except the the establishment of the Chinese Intellectual Property
collegiate bench, no one can render a decision during Courts.
trial. In addition, these three Intellectual Property Courts
have developed different work. After the hearing, Guangzhou Intellectual Property
Court will decide whether to issue a preliminary injunction
Guangzhou Intellectual Property Court based on a detailed review in six aspects such as whether
the patent is stable and effective, whether the action
1. The Expert Advisory Committee. the respondent is taking has possibility of infringing,
whether the injunction will cause irreparable harm to
The Guangzhou Intellectual Property Court set up an the legitimate rights and interests of the applicant if
Expert Advisory Committee in 2016 and hired the first there is no preliminary injunction, whether the loss to
29 technical consultants with an employment period the respondent caused by the preliminary injunction
of 3 years. Within 3 years, the technical consultants will is less than or equal to the loss to the applicant caused
use their work experience and professional expertise to by no preliminary injunction, whether the preliminary
provide consultation for the technical problems involving injunction will harm the public interest, and whether
in the technical cases judged by Guangzhou Intellectual the guarantee provided by the applicant is effective and
Property Court, and assist the technical investigator so as appropriate.
to ensure the quality and efficiency of the trial.
Shanghai Intellectual Property Court
The technical consultants are responsible for
participating in advising and sharing their own opinions 1. Technical Investigator
to the advisory committee without intervention. Their
opinions and point of view are only for the court’s In early 2016, Shanghai Intellectual Property Court
reference. appointed the first 11 technical investigators, who are
respectively exchange and part-time personnel. All of
The technical consultants come from trade them are professionals from the national authorities,
associations, universities, research institutes, enterprises industry associations, universities, colleges, scientific
and institutions in Guangzhou and cover machinery, research institutions and other organizations, covering
communications, medicine, biotechnology, chemical, material such as, chemical, electronics, communication,
optoelectronic technology, materials engineering, network, photoelectric, medicine and communications
computer and other fields. The principals of five national and other professional technology fields.
key universities such as South China Agricultural
University and Guangzhou University of Traditional In June 2016, the technical investigators in Shanghai
Chinese Medicine, enjoy high prestige in these relevant Intellectual Property Court fully participated in a case of
technical fields. infringement and issued its first technical investigation
review. The collegial bench adopted the opinions in the
134
The Intellectual Property Courts highlight the 2. The First Patent Preliminary Injunction Issued by
characteristic of direct management. The number Intellectual Property Court.
of internal division is less than the average court.
The requirements of “let the trial judge, let the judge On June 22nd 2016, based on the application of
charge”, three intellectual property courts take the lead Christian Louboutin who owns design “cosmetics
in implementing the trial reform measures and explore cover”, “cosmetics containers”, Guangzhou Intellectual
and establish operation mechanisms of judicial power, Property Court made a pre-injunction ruling to order
ensuring the judicial power to be exercised impartially. the respondent Guangzhou Wentan Trade Co., Ltd. to
The Judge team consists of a judge, an assistant judge immediately stop manufacturing, sales and offering for
and a clerk. The judge is responsible for the trial with sales of nine products relevant to lipstick and Guangzhou
the support of the judge’s assistant and the clerk is Beilingfei Cosmetics Co., Ltd. to immediately stop
responsible for the affairs of the work. The judge who manufacturing nine products. It is reported that this is
undertakes the case is the chief judge of the collegiate the first preliminary injunction issued by Guangzhou
bench. Meanwhile, the reporting system was cancelled Intellectual Property Court and also the first one since
and changed into a consulting system. Except the the establishment of the Chinese Intellectual Property
collegiate bench, no one can render a decision during Courts.
trial. In addition, these three Intellectual Property Courts
have developed different work. After the hearing, Guangzhou Intellectual Property
Court will decide whether to issue a preliminary injunction
Guangzhou Intellectual Property Court based on a detailed review in six aspects such as whether
the patent is stable and effective, whether the action
1. The Expert Advisory Committee. the respondent is taking has possibility of infringing,
whether the injunction will cause irreparable harm to
The Guangzhou Intellectual Property Court set up an the legitimate rights and interests of the applicant if
Expert Advisory Committee in 2016 and hired the first there is no preliminary injunction, whether the loss to
29 technical consultants with an employment period the respondent caused by the preliminary injunction
of 3 years. Within 3 years, the technical consultants will is less than or equal to the loss to the applicant caused
use their work experience and professional expertise to by no preliminary injunction, whether the preliminary
provide consultation for the technical problems involving injunction will harm the public interest, and whether
in the technical cases judged by Guangzhou Intellectual the guarantee provided by the applicant is effective and
Property Court, and assist the technical investigator so as appropriate.
to ensure the quality and efficiency of the trial.
Shanghai Intellectual Property Court
The technical consultants are responsible for
participating in advising and sharing their own opinions 1. Technical Investigator
to the advisory committee without intervention. Their
opinions and point of view are only for the court’s In early 2016, Shanghai Intellectual Property Court
reference. appointed the first 11 technical investigators, who are
respectively exchange and part-time personnel. All of
The technical consultants come from trade them are professionals from the national authorities,
associations, universities, research institutes, enterprises industry associations, universities, colleges, scientific
and institutions in Guangzhou and cover machinery, research institutions and other organizations, covering
communications, medicine, biotechnology, chemical, material such as, chemical, electronics, communication,
optoelectronic technology, materials engineering, network, photoelectric, medicine and communications
computer and other fields. The principals of five national and other professional technology fields.
key universities such as South China Agricultural
University and Guangzhou University of Traditional In June 2016, the technical investigators in Shanghai
Chinese Medicine, enjoy high prestige in these relevant Intellectual Property Court fully participated in a case of
technical fields. infringement and issued its first technical investigation
review. The collegial bench adopted the opinions in the
134
