Take IP infringement cases to court
June 01, 2011 | BY
Janice QuYearly report on key IP cases released
If intellectual property (IP) infringement occurs, foreign investors should not hesitate to bring their cases to trial, says a former judge. Judicial interpretations have constantly offered guidance on the enforcement standard that companies should look to.
On April 24, the Supreme People's Court unveiled its Annual Report on Intellectual Property Cases (2010)(知识产权案件年度报告) (2010) (Annual Report). This year, the list of landmark cases featured a high proportion of foreign elements, with five of them involving foreign parties. There is a marked increase of internet infringement disputes, and a growing prominence of key technologies and the strategic use of procedures. The Annual Report cases also touch on emerging areas of law, such as unfair competition in cyberspace.
Foreign-related cases have seen a rapid growth over the last few years. There were over 1,600 of these cases tried in the first instance in 2010 alone, said Cheng Yongshun, a retired senior judge of the IP Tribunal of Beijing High People's Court.
“If an alleged infringement merits a trial, foreign companies should not hesitate to go through all channels, like the administrative, civil or criminal courts,” he said. Cases involving foreign parties are more complicated in both substance and procedure, and usually involve important business interests and carry wider social impacts.
“My experience is that courts tend to attach more weight to these cases, which are treated with care, and if needed, would be equipped with more judicial personnel and resources,” Cheng said. “Transparency and fairness are better observed this way.”
The cases found in the Annual Report offer valuable insights to companies about what they need to be aware of. “They imply the uniform standard and measures that the Supreme People's Court would like local authorities to follow during enforcement,” said Cheng.
However, he noted the standard of law enforcement varied from region to region and that this inconsistency was harmful to the public's confidence in effective IP protection. JQ
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