earticle

영어

Since the enactment of the 1984 Chinese Patent Law, China has undergone more than 30 years of development of IP undertakings. Chinese IP legal framework and judicial system have both been established, making great contribution to the protection of IP rights in and out China. With China’s patent application ranking 1st for four successive years worldwide, the task of enforcing and protecting IPR becomes exceedingly important to China. The Chinese government attaches great importance to the upgrading of judicial protection of Chinese IPR, and have been exploring ways to reform Chinese IP judicial system. By the end of 2014, three specialized IP courts had been established successively, unveiling the reform process of Chinese IP judicial system. Against the backdrop, this article seeks to sort out the development of Chinese IP judicial system, pointing out existing problems, analyzing them, and trying to provide reasonable solutions for consideration. Since Chinese IP judicial system has originated from the general Chinese Judicial system, the first part, therefore, is dedicated to the examination of the overall Chinese judicial system after 1949, locating major problems with current Chinese judicial system, which are also the origins for the problems with the IP judicial system. The second part presents the status quo Chinese IP judicial system, particularly the two major characteristics: double-track protection system and three-in-one trial mechanism, and explains their merits and demerits. The third part analyzes the major issues to be addressed by the current IP system reform and makes several suggestions for consideration. The fourth part delineates the vision of the future Chinese IP judicial system.