Page 144 - 2019 White Paper on the Business Environment in China
P. 144
9 White Paper on the Business Environment in China
Furthermore, judges are paid much too low a salary
and this affects both their status and on occasion
their probity. Surely judge’s remuneration should be
substantially increased. Perhaps bonuses of the judges
should be administered by the Supreme Court and not by
local court institutions to help reduce local influence on
the judges. Just as the Supreme Court has circuit tribunals
in different locations, administered by the Beijing Supreme
People’s Court, perhaps there ought to be some local
circuit tribunals at the High court level and Intermediate
court level, also run from Beijing. Since these circuit courts
will not be under the jurisdiction of local governments,
this will also help reduce local protectionism.
Finally, as to administrative institutions that help
enforce IP rights, such as the State Administration for
Industry and Commerce (AIC), which help enforce the
Trademark Law and the Anti-Unfair Competition Law,
they presently operate without charging fees and
often without trained professionals in law, undertaking
administrative action to enforce IP rights. It would be
preferable if administrative courts were established,
with judges properly trained in law, which courts
would require fees to be paid by parties using the
administrative courts. These administrative courts will be
better able to administer IP laws.
Strengthening the Chinese judicial system will not
only be good for IP enforcement but will help to further
legitimize the courts and the government.
144
Furthermore, judges are paid much too low a salary
and this affects both their status and on occasion
their probity. Surely judge’s remuneration should be
substantially increased. Perhaps bonuses of the judges
should be administered by the Supreme Court and not by
local court institutions to help reduce local influence on
the judges. Just as the Supreme Court has circuit tribunals
in different locations, administered by the Beijing Supreme
People’s Court, perhaps there ought to be some local
circuit tribunals at the High court level and Intermediate
court level, also run from Beijing. Since these circuit courts
will not be under the jurisdiction of local governments,
this will also help reduce local protectionism.
Finally, as to administrative institutions that help
enforce IP rights, such as the State Administration for
Industry and Commerce (AIC), which help enforce the
Trademark Law and the Anti-Unfair Competition Law,
they presently operate without charging fees and
often without trained professionals in law, undertaking
administrative action to enforce IP rights. It would be
preferable if administrative courts were established,
with judges properly trained in law, which courts
would require fees to be paid by parties using the
administrative courts. These administrative courts will be
better able to administer IP laws.
Strengthening the Chinese judicial system will not
only be good for IP enforcement but will help to further
legitimize the courts and the government.
144
