Friday, April 18, 2008

Chinese Intellectual Property Cases Online

To improve the rule of law in China and the transparency and availability of court decisions there, the Intellectual Property Rights (IPR) Division of the Supreme People's Court offers an online resource for obtaining published decisions in intellectual property cases in China.

The Web site is principally in Chinese language. The search engine operates in English and Chinese. One may search by litigant name, court, filing date, case number, and cause of action.

Just enter search terms in English, and the site returns a list of search results in Chinese, but with some English labeling. The decisions are in Chinese, but no worries! We have Chinese linguistics on our team.

The Web site's navigation bar to the left also has English labels for types of actions: trademarks, copyright and related rights, patents, unfair competition, plant varieties, technology contracts, and others.

Among the Others category are cases involving integrated circuit ("IC") design and cases involving discovery and innovation. (RESOURCE NOTE: For a detailed, albeit 2003, analysis of China's IC design protection law, click here.)

Under Article 134 of China's Civil Procedural Law, "The people's court shall publicly pronounce its judgment in all cases, whether publicly tried or not." (RESOURCE NOTE: For the text of this law, click here.) Further, Article 8 of the 1993 Supreme Court's Rules in Court of the People's Court states that "citizens may audit the court session of cases which are publicly tried according to law."

That said, the courts appear to have some discretion regarding publication, having, for example, no time frame within which they must publish their decisions and no requirements as to the methods of such required publication.

For more information, please reach us at +1.208.939.4472 or info@technologylawgroup.com.

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