Establishment of Specialist IP Court Framework in China

The Chinese government has approved the establishment of a new framework of specialist IP specialist courts aimed at dealing with the growing number of IP-related disputes arising in China.

The proposal allows for pilot courts to be initially established in Beijing, Shanghai and Guangdong towards the end of 2014 at the earliest with further IP specialists courts anticipated to open in other key economic regions in China in due course.

With the introduction of this new framework of specialist IP courts in China having standing to hear both civil legal and administrative IP-related disputes, it is envisaged that perceived problems relating to the lack of consistency and certainty in judicial interpretation and enforcement of IP rights in China may be addressed and this may ultimately bolster confidence of interested parties in pursuit of IP rights in China.