Supreme People’s Court: More Grassroots Courts Must Deal With Design and Utility Patents

Litigating intellectual property rights, especially patents, requires quite some specialised expertise. For a long time, therefore, patent disputes were dealt with by people’s intermediate or higher courts.  But since ever more Chinese companies are patenting their design patents, utility patents and invention patents, in many cases subsidised by the government, the work load of these courts have been growing correspondingly.

To see whether some of the work load, namely the design patent and utility patent cases, that are generally deemed more simple, can be transferred to “grassroots”  courts, such as district and municipal courts, a pilot programme was started in 2009 at  Haidian District Court in Beijing, Yiwu Municipal People’s Court in Zhejiang Province and Kunshan Municipal People’s Court in Jiangsu Province, which was considered successful, so that now the Supreme People’s Court has announced here (Chinese) to expand the number of  grassroots courts that can deal with intellectual property rights cases.

The argument that now the experience with IP is bigger and that many judges have more expertise in this field. But the question remains how the judges of these grassroots courts can have built up expertise with IP cases, unless of course they have worked at a people’s intermediate or higher court before.

continue reading…

TGIF: Vacuum Cleaner Inventor Says The Darndest Things

Thank goodness it is Friday Sir James Dyson was quoted by Dan Milmo in the Guardian, here, saying: “They are running the risk of being expelled from the WTO. They are creating an unlevel playing field by taking our technology and selling it all over the world.”  With “they” Mr Dyson means China. I understand Mr […]

Patents in China: Quantity Obsessed Quality Challenged

Time for quality patentsPhoto: Danny Friedmann Now we are all following Ericsson sueing ZTE for patent infringement in Germany, UK and Italy, read here. Followed of course by ZTE trying to invalidate Ericsson’s patent at China’s Patent Re-examination Board, read here, because of an alleged lack of novelty, inventiveness or usefulness. In other words: lack of quality. Wan […]