The Decision on Major Issues Concerning Comprehensively Deepening Reforms adopted at the Third Plenary Session of the 18th Communist Party of China Central Committee in 2013 put an intellectual property rights (IPR) protection system and modern market system firmly on the agenda.

In a modern economy, emerging industries especially electronic, online and genetic technology industries, have occupied a considerable significant position. If IPR protection cannot be ensured, these industries will suffer a setback and economic slowdown. It therefore is critical to create an environment in which an intellectual-property (IP) court plays a significant role.

As a measure of reform of the judicial system, the establishment of an IP court is a step toward perfecting a market-based system that encourages technological innovation, strengthens IPR application and protection and explores ways to set up IP courts. Since the first IP tribunal under the Beijing First Intermediate People’s Court was established in 1993, the trial of IP cases in China has surged over the past two decades.

IP courts represent an international trend. The establishment of an IP court clearly expresses China’s determination to strengthen the protection of IP and advance trade.

Some countries including the US, Japan, Germany, the UK and Russia all have their own IP courts. China can learn from the experience of these countries, rather than just copying their practices. The establishment of an IP court meets the requirements of unifying judicial standards. It will be conducive to further promoting reform and opening-up and the development of a market economy, as well as comprehensively deepening reforms.

The establishment of an IP court is not only to hear cases in the field, but also to unify legal application. There are some controversial ideas on the trial of IP cases, especially on some related to patent and technical secrets due to the professionalism and technicality of cases.

They are within the jurisdiction of different intermediate people’s courts, and trials for the same cases are usually different due to different judicial standards. It not only damages the dignity of the legal system, but also affects the anticipation of the subject. An IP court will be responsible for dealing with these cases, thus guaranteeing unification of judgment and efficiently regulating the behavior of the market player.
　

After referencing other countries’ practices, there are some issues that need to be noticed during the process of establishing an IP court. First, an IP court should only be responsible for intellectual property cases. Second, it is necessary to establish different level IP courts for preliminary and appeal hearings. Third, the independence of the IP court can be maintained from central government, not local government, financial assistance. Fourth, the judgment should be open to the public so as to promote judicial fairness. Fifth, the judge should have a relatively strong background or understanding of technology and other IPR-related sectors.

The author is the president of Southwest University of Political Science and Law.

The Chinese link: http://cpc.people.com.cn/n/2014/0618/c83083-25164656.html

Translated by Chen Meina
Revised by Tom Fearon