Page 7 - THE SOUTH CHINA BUSINESS JOURNAL
P. 7
ndardized procedures for making consistent Nevertheless, as China seeks to
rulings. Currently, IP cases are usually handled by become a high-tech superpower, it
the Intermediate People’s Court at a regional level. is in the government’s interest to
improve IP protection, and the new
In 2014, China also established specialized courts national IP appeals court is a step
in Beijing, Guangzhou, and Shanghai to handle IP- in that direction.■
related issues.
China Briefing is produced by Dezan Shira & Associates. The
If a ruling in one of these courts is appealed, the firm assists foreign investors throughout Asia and maintains
case would normally be referred to a higher court in offices in China, Hong Kong, Indonesia, Singapore, Russia, and
the relevant jurisdiction. Vietnam. Please contact info@dezshira.com or visit our website at
www.dezshira.com.
Once established, however, IP-related appeals
from the Intermediate People’s Court and the Hotel Indigo Xiamen Harbour overlooks Gulangyu Island
specialized IP courts will be heard by the new SPC and is surrounded by colorful historical sites, neighborhood
IP appeals court. community markets and iconic buildings, it is ideal for
travellers with an aspirational lifestyle. Hotel designs a
IP appeals in China: Court a step neighorhood food tour route led by hotel "Neighborhood
forward for legal protection Host", through discovering local "kocha delights" to get to
know more about neighborhood stories. By just walking
Inadequate IP protection has been a longstanding distance, hotel’s Neighborhood Host will take guest to
issue for foreign businesses in China and has recently taste reputed traditional local snacks and introduce historic
returned to focus amid the US-China trade war. landmarks, which would make your travel inspiring through
neighborhood discoveries.
IP infringement and forced technology transfers
have been a key point of contention for US President
Donald Trump, and among the reasons he has cited
for implementing tariffs on Chinese exports.
On paper, the establishment of a national-level
IP appeals court will improve IP protection for
foreign businesses in China. A court under the SPC
should be better-resourced and more consistent,
professional, and specialized than regional courts.
Further, China has already made strides in recent
years to improve IP protection as the government
seeks to spur domestic Chinese innovation. For
example, within the past year China made a
number of landmark rulings in support of oft-
imitated foreign brands, including New Balance
and LEGO.
However, much of the recent criticism of China’s
IP practices relates to the alleged state-sponsored
acquisition of high-tech designs and know-how
rather than brand name copy-cats and fakes. A
national appeals court might therefore prove
inadequate in addressing the complaints of foreign
businesses that fear their proprietary technology
could be stolen.
rulings. Currently, IP cases are usually handled by become a high-tech superpower, it
the Intermediate People’s Court at a regional level. is in the government’s interest to
improve IP protection, and the new
In 2014, China also established specialized courts national IP appeals court is a step
in Beijing, Guangzhou, and Shanghai to handle IP- in that direction.■
related issues.
China Briefing is produced by Dezan Shira & Associates. The
If a ruling in one of these courts is appealed, the firm assists foreign investors throughout Asia and maintains
case would normally be referred to a higher court in offices in China, Hong Kong, Indonesia, Singapore, Russia, and
the relevant jurisdiction. Vietnam. Please contact info@dezshira.com or visit our website at
www.dezshira.com.
Once established, however, IP-related appeals
from the Intermediate People’s Court and the Hotel Indigo Xiamen Harbour overlooks Gulangyu Island
specialized IP courts will be heard by the new SPC and is surrounded by colorful historical sites, neighborhood
IP appeals court. community markets and iconic buildings, it is ideal for
travellers with an aspirational lifestyle. Hotel designs a
IP appeals in China: Court a step neighorhood food tour route led by hotel "Neighborhood
forward for legal protection Host", through discovering local "kocha delights" to get to
know more about neighborhood stories. By just walking
Inadequate IP protection has been a longstanding distance, hotel’s Neighborhood Host will take guest to
issue for foreign businesses in China and has recently taste reputed traditional local snacks and introduce historic
returned to focus amid the US-China trade war. landmarks, which would make your travel inspiring through
neighborhood discoveries.
IP infringement and forced technology transfers
have been a key point of contention for US President
Donald Trump, and among the reasons he has cited
for implementing tariffs on Chinese exports.
On paper, the establishment of a national-level
IP appeals court will improve IP protection for
foreign businesses in China. A court under the SPC
should be better-resourced and more consistent,
professional, and specialized than regional courts.
Further, China has already made strides in recent
years to improve IP protection as the government
seeks to spur domestic Chinese innovation. For
example, within the past year China made a
number of landmark rulings in support of oft-
imitated foreign brands, including New Balance
and LEGO.
However, much of the recent criticism of China’s
IP practices relates to the alleged state-sponsored
acquisition of high-tech designs and know-how
rather than brand name copy-cats and fakes. A
national appeals court might therefore prove
inadequate in addressing the complaints of foreign
businesses that fear their proprietary technology
could be stolen.
