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25 October 2018Copyright

China to create specialist IP appeals body

China is planning to create a new judicial body specifically designed to deal with IP appeals, according to a report by the South China Morning Post on Tuesday.

The plan to erect a top-level court is China’s “latest attempt to address a key source of friction in the country’s trade war with the US”, the Post said.

The long-standing dispute between China and the US has so far resulted in each side implementing tariffs on imports from the other, as well as using the media to attack the other’s position.

Zhou Qiang, president of the Supreme People’s Court, said that the new judicial body would fall under the remit of the Supreme People’s Court, overseeing appeals that involve “highly technical expertise”, such as patents relating to inventions and innovations, the Post reported.

The new judicial body would also rule on matters relating to computer software copyright and competition law, such as monopolies. Applicants would be able to appeal against a decision.

China already has specialised IP courts in Beijing, Shanghai, and Guangzhou. They were set up in 2014 to handle the increasing number of IP disputes, particularly in relation to piracy and counterfeiting.

Zhou reportedly said that, in addition to the new judicial body, there are discussions around the establishment of a national appeals system for IP disputes that would encourage and protect innovation.

It would also “provide an international and easy business environment for Chinese and foreign companies to strengthen protection of IP rights”, according to the report.

Also this week, the China National Intellectual Property Administration (CNIPA) said that China plans to crack down on the malicious hoarding of trademarks which are not used.

China’s Trademark Office will reportedly combat trademark hoarding by adjusting examination procedures and “adding information-promoting functions”.

Earlier this month, the US Department of Defense claimed that China’s “industrial policy aggression” could hinder IP in the US by preventing companies from accessing the latest manufacturing technologies.

CNIPA responded by calling the claims “groundless and untenable”, and said that China’s achievements in IP protection are recognised on an international level.

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16 October 2018   China and Japan are expected to create a new framework to protect IP, according to the Nikkei Asian Review.
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7 November 2018   China approved changes to litigation procedures in patent and other IP cases in late October, in a move that fundamentally alters how the appeal process will work for certain technical disputes, according to law firm Gowling WLG.
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2 January 2019   A new IP appeal court in China that was set up to handle highly technical cases has begun operating.