Journal Article

Judicial enforcement of intellectual property rights in China - from technical improvement to institutional reform

Tang, Zheng

2019

Overview

China is one of the most controversial fora for intellectual property rights (IPRs) protection. The current IPRs enforcement in China is the result of a combination of external pressure and internal drive, of the paradox of technology reliance and indigenous innovation, and of a mixture of incompatible history and culture with gradually changing social norms. This article aims to provide a critical assessment of the latest development in judicial enforcement of IPRs in China, including improving the professionalism and efficiency of the judicial process, increasing the adequacy of remedies and reducing judicial local protectionism. It concludes that the technical development of the IPRs judicial system is obvious and the remaining problems are relatively easy to correct. However, although China has also adopted measures to increase the power and independence of courts, the structural weakness of courts continues to remain. The Chinese judicial system, institutionally, is not independent, and judgments are influenced by the policy of the Chinese Communist Party (CCP). Although the contemporary policy in China is to improve judicial protection of IPRs, the possible influence of the CCP policy in courts remains a concern for the long-term transformation of the IP system.

• Publisher: Routledge,Taylor & Francis (UK),Taylor & Francis Ltd
• Subject: damages / Decision making / Divisions / Economic reform / Efficiency / Enforcement / Influence / infringement of IP / Intellectual property / Intellectual property litigation / International trade / Judges & magistrates / judicial independence / Jurisdiction / Law and legislation / Litigation / Political parties / Politics and government / Protectionism / Social norms / specialized IP courts / Zhongguo gong chan dang