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On April 20, 2010, China’s Supreme People’s Court published its first Intellectual Property Protection by Chinese Courts in 2009 White Paper (“White Paper”). The White Paper provides a review of Intellectual Property Rights (“IPR”) enforcement in China in 2009.
China started its IPR protection system in the late 1970s and early 1980s during China’s reform. Judicial protection of IPR in Chinese courts started from zero, but has now developed into a specialized system with Chinese characteristics. The first White Paper on IPR enforcement signifies the importance of IPR in China today. Chinese courts provide judicial protection for IPR through civil, administrative and criminal procedures. According to the White Paper, from 1985 to 2009, Chinese courts have received and rendered decisions for many IPR cases including: 166,408 civil cases, 6,387 administrative cases, and 14,509 criminal cases.
The Supreme People’s Court points out that in the past 30 years, Chinese courts have accomplished the following:
- Expanded their functions and powers in IPR protection;
- Enlarged the scope of judicial protection for IPR property;
- Increased the level of judicial protection for IPR;
- Enhanced the effectiveness of judicial protection for IPR;
- Improved the judicial system in IPR protection; and
- Improved the capacity in providing judicial protection for IPR.
The Supreme People’s Court has published the White Paper in a bilingual (Chinese and English) format. Please click here for a copy of the White Paper.
Copyright © 2013, Sheppard Mullin Richter & Hampton LLP.
