From Tribunal to Court: Latest Development of Judicial Protection for Intellectual Property in China

서지정보

ㆍ발행기관 : 이준국제법연구원 ㆍ수록지정보 : China and WTO Review / 3권 / 2호
ㆍ저자명 : Xiaoqing Feng, Li Wang

목차

I. Introduction
II. The Evolution of China’s Judicial Protection of IP
A. Background
B. The Special Tribunal System for IP Protection in China
C. The Establishment of IP Courts in China
III. Why China Set up IP Courts?
A. Practical Grounds
B. Policy Background
IV. IP Court System in China
A. New System of Jurisdiction over IP Cases
B. The Institutional Setup and Personnel Configuration
C. Technical Investigator
V. The Role of IP Courts for IP Case Hearing in China
A. Unification of Trial and Judicial Organization
B. IP Protection for Innovative Country
C. Reformation of IP Courts in China
D. Respecting and Protecting IP
VI. The Operation of IP Courts and Its Countermeasures
A.The Imperfect Job Safeguard for Judges
B. Disputes Settlement Mechanism of IP Approval and Cycle Litigation
C. The Three-Hearing-in-One Mode Not Yet to Realize
D. Special Appellate Court for IP
VII. Conclusion
References

영어 초록

The judicial protection of IP is the most important and fundamental guarantee for the protection of IP in China. The judicial protection system of IP in China has experienced the development procedure of setting up a special pilot tribunal, "three-hearing-in-one" and a special court. The establishment and operation of IP courts in Beijing, Shanghai, and Guangzhou marks the establishment of the new hearing system for IP dispute in China. The founding and operation of IP courts have an in-depth background. With the rapid development of the economy in China, especially since the entrance of the WTO, there have been more IP cases and they constitute huge challenges for adjudication of IP disputes in China. In this regard, the IP courts is a good way to cope with. The establishment of IP courts will undoubtedly has deeper influence and significance in the judicial

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