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IP in China: National
Specialized
Appeals Court to
Improve Protection
Anew national-level court to handle IP appeals it is unlikely to fully address the IP concerns of
in China will be established after a proposal foreign investors in China.
submitted by the Supreme People’s Court (SPC)
was approved. What cases will the court handle?
The draft proposal, which was adopted by the According to the draft proposal, the court will
Standing Committee of the National People’s handle appeals relating to civil and administrative
Congress on October 26, sets out to create a unified IP issues, such as trademarks, patents, trade secrets,
platform under the SPC to manage appeals relating IC design, and unfair competition, among others.
to intellectual property disputes across the country.
Zhou Qiang, the president of the SPC, said that
The development comes amid renewed the court will specialize in appeals that require
international criticism of China’s treatment of highly technical expertise, such as patents on
intellectual property, particularly from the US. inventions and innovations.
The new national-level appeals court stands to Because of the high degree of technical knowledge
improve IP protection for foreign businesses in required for these areas, a national-level court
China – especially for those in high-tech fields – under the SPC may be better equipped to handle
once it takes effect on January 1, 2019. such cases rather than a lower level regional court.
Nevertheless, while the court should improve the The court will employ staff with specialized
consistency and professionalism of IP appeals cases, knowledge and establish centralized and
3 AmCham South China
IP in China: National
Specialized
Appeals Court to
Improve Protection
Anew national-level court to handle IP appeals it is unlikely to fully address the IP concerns of
in China will be established after a proposal foreign investors in China.
submitted by the Supreme People’s Court (SPC)
was approved. What cases will the court handle?
The draft proposal, which was adopted by the According to the draft proposal, the court will
Standing Committee of the National People’s handle appeals relating to civil and administrative
Congress on October 26, sets out to create a unified IP issues, such as trademarks, patents, trade secrets,
platform under the SPC to manage appeals relating IC design, and unfair competition, among others.
to intellectual property disputes across the country.
Zhou Qiang, the president of the SPC, said that
The development comes amid renewed the court will specialize in appeals that require
international criticism of China’s treatment of highly technical expertise, such as patents on
intellectual property, particularly from the US. inventions and innovations.
The new national-level appeals court stands to Because of the high degree of technical knowledge
improve IP protection for foreign businesses in required for these areas, a national-level court
China – especially for those in high-tech fields – under the SPC may be better equipped to handle
once it takes effect on January 1, 2019. such cases rather than a lower level regional court.
Nevertheless, while the court should improve the The court will employ staff with specialized
consistency and professionalism of IP appeals cases, knowledge and establish centralized and
3 AmCham South China
