Popularization of the Internet has fueled rampant online piracy, promoting the urgent need for action by the government and society.

The Decision on Establishment of Intellectual-Property Court in Beijing, Shanghai and Guangzhou was approved by the Standing Committee of the National People's Congress of China on August 31. According to the decision, the cross-regional civil and administrative cases of first instance related to intellectual property (IP) rights including patents, new varieties of plants, layout designs of integrated circuit and technical secrets are within the jurisdiction of the IP court.

After publication, the decision attracted the attention of media and academic circles. Some experts claimed that the establishment of the IP court will play its role in guaranteeing knowledge innovation as well as promoting the deepening of the innovation-driven development strategy. It is also a significant measure of judicial reform.

National strategic requirements

“The establishment of the IP court conforms to the strategic target of building an innovation-oriented country on a macro level,” said Xu Xuan, deputy dean of the Intellectual Property School at Jinan University, adding that the prosperity of the country is closely linked with intellectual property rights (IPR) development.

Li Mingde, director of the Research Center for Intellectual Property Rights at the Chinese Academy of Social Sciences, said that the development of China’s economy and society will increasingly rely on scientific and technological innovation as well as utilization of research achievements with the upgrading of industries and the transformation of development. “China brought up the strategic target of building an innovation-oriented country in 2006 according to the practical requirements of industrial development,” added Li.

Feng Xiaoqing, professor at China University of Political Science and Law, claimed that competition among different countries, regions and enterprises has intensified, sparking a surge of IPR cases and posing new demands on the legal system. In his opinion, the establishment of an IP court is conducive to integrating judicial resources and unifying judicial standards.

Exploring judicial reform

During these years, China has always strengthened the judicial IPR protection. After issuing the Outline of the National Intellectual Property Strategy in 2008, the people’s courts nationwide successively set up the IP tribunals to step up IPR protection.

Some experts noted that the establishment of the IP court can enhance the predictability of law enforcement, thus guaranteeing IPR protection and advancing technical innovation.

In referring to the example of Guangdong Province, Li said IP cases are first heard by intermediate people’s courts in Guangzhou, Shenzhen and Foshan. After establishing an IP court, the aforementioned cases will be dealt with by this special court. Appeals will be heard in the Guangdong Higher People’s Court, said Li.

“The action is obviously conducive to enhancing decisions, thus better protecting achievements in technical innovation and implementing an innovation-driven strategy,” added Li.

Compared to the function of guaranteeing IPR protection, Feng is more focused on the demonstrative value of the IP court. “It will popularize IPR protection in people’s minds and enhance society’s recognition of it, dealing a strong blow to piracy,” said Feng.

“As a measure of judicial reform, the establishment of an IP court has great implications for perfecting the judicial system,” said Xu, adding that prevailing judicial reform aims to explore what kind of judicial system is best suited to China’s current demands. Unlike other special courts, the IP court is relatively more independent, flexible and efficient.

Overcoming existing hurdles

A lot of experts are very hopeful about the IP court. However, more problems need to be addressed in the future. “The current process is just a trial. The most important thing is building reasonable judicial order through practice,” Feng said.

Guaranteeing the flexibility and efficiency of a litigation system is at the core of the whole process, said Xu. She added that the establishment of an IP court should reflect the core of judicial reform, which is the trial mechanism with the judge at its core. “We should look forward to establishing an IP court and building an open, high-efficient judicial system in the future,” Xu said.

The Chinese version appeared in Chinese Social Sciences Today, No. 645, September 12, 2014.

The Chinese link: http://sscp.cssn.cn/xkpd/xszx/gn/201409/t20140912_1324808.html

　　Translated by Chen Meina

　　Revised by Tom Fearon