Supreme People's Court Attempting to Reinvigorate China IP Enforcement

Authored by He Jing (hejing@anjielaw.com)

On October 22, 2013, the Supreme People’s Court (SPC) held a press conference in Beijing to announce 8 leading intellectual property (IP) court decisions.  The cases are all made by local courts in different cities and involved the granting of preliminary injunctive orders, reduction of the burden of proof on IP owners and an increase in the amount of compensation in civil cases, and intensified criminal penalties.  Almost all the claimed progress in the announcements relates to what has been asked for by foreign business communities. 

While it is worthwhile to remind that China is not a case law country, it is encouraging to see the new progress made in IP enforcement, which could be used as good precedents for IPR owners to push for more courts to follow.

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