Saturday, May 13, 2017

SPC Puts National Appellate IP Court On Its Agenda | China IPR - Intellectual Property Developments in China

SPC Puts National Appellate IP Court On Its Agenda | China IPR - Intellectual Property Developments in China

At an IP symposium held this Wednesday, May 10, 2017 in Chengdu, it was revealed by a senior Chinese academic (Prof. Wu Handong) in response to a question raised by former [Federal Circuit] Chief Judge Randall Rader, than the Supreme People’s Court has decided to recommend to the National People’s Congress that China should establish a national appellate IP court, similar to the US Court of Appeals for the Federal Circuit. Prof. Wu also noted that this court would be in addition to new intermediate level IP courts being established in Chengdu, Nanjing, Suzhou and Wuhan and would be part of the recommendations regarding continuation and expansion of the existing (and successful, in my opinion) IP court experiments in China (Beijing, Shanghai and Guangzhou).
 The new Court’s jurisdiction, if approved by the NPC, would be similar to that of the existing specialized IP courts, and would focus on technology-related IP issues. Prof. Wu noted that the court would likely be a circuit court that would be based in Beijing. He also said that he would present Judge Rader’s views supporting a national appellate IP court to the SPC for inclusion in its recommendations to the NPC. Prof. Wu’s comments drew applause from the audience.

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