Beijing court lays groundwork for online IP cases
北京法院为网上IP 案件奠定审理基础
August 11, 2016 | BY
Katherine Jo &clp articlesThe Beijing high court's guidelines on internet-related IP disputes provide useful tips on copyright, trademark and unfair competition cases for judges and parties. 北京高级法院有关互联网相关 IP 纠纷的审理指南为法官和相关各方提供针对版权、商标和不正当竞争案件的实用提示。
The Beijing Higher People's Court issued the Guidelines for the Hearing of Network-related Intellectual Property Cases (Guidelines) on April 13, 2016. These summarize the experiences of the city's courts with respect to tackling online copyright, trademark and unfair competition issues, and provide practical tips for judges to consider when hearing such cases.
The Beijing high court has always been very active in collecting opinions from the industry and in releasing guidelines for courts to follow, said Catherine Zheng, a Hong Kong-based partner at Deacons, adding that a Beijing judge recently announced a 24% overall increase in the number of internet-related IP cases in 2015.
“The Beijing court is a pioneer in terms of hearing groundbreaking IP cases,” said Katie Feng, an IP litigation partner at Hogan Lovells in Shanghai. “And even though the Guidelines aren't mandatorily binding, the other courts will definitely view them as coming from a position of authority.”
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