To strengthen IP protection, China has previously established three IP courts in Beijing, Shanghai and Guangzhou. On December 26, 2020, the National People's Congress enacted a measure establishing the fourth IP court in Hainan. On December 31, 2020, the IP court of Free Trade Port of Hainan was formally established, specializing in the handling of IP rights disputes.
Zhou Qiang, president of the Supreme People's Court, the nation's top court, made an explanation on the (Draft of) Decision on Establishment of the Intellectual Property Court of Free Trade Port of Hainan.
According to Zhou's explanation, there are two main reasons why Hainan is chosen. Firstly, to establish the 4th Intellectual Property Court in Hainan plays an important role in fulfilling the Overall Plan of the Construction of Free Trade Port of Hainan. The establishment of the Intellectual Property Court of the Free Trade Port of Hainan is an inevitable requirement for implementing General Secretary Xi Jinping's important directive spirit on the construction of Hainan Free Trade Port and the central important strategic plan. It will further enhance the modernization level of Hainan's intellectual property trial system and judicial capacity, strengthen the judicial protection of intellectual property rights in Free Trade Port in Hainan, and create a favorable business environment. It is also of great significance in expanding the international influence of Hainan Free Trade Port and accelerating the cultivation of new competitive advantages in participating in and leading international economic cooperation.
Secondly, from the current situation of intellectual property trial in Hainan court, the basic conditions for the establishment of Hainan Free Trade Port Intellectual Property Court have been met. Since 2009, Hainan Higher People's Court and various intermediate people's courts (except Sansha Intermediate People's Court) have set up special intellectual property tribunals to exercise "three in one" jurisdiction over civil, administrative and criminal cases of intellectual property. In September 2019, Haikou Intermediate People's Court set up an intellectual property tribunal to exercise centralized jurisdiction over the province's intellectual property cases and operate in accordance with the mode of "integration of legislation, trial and execution". Meanwhile, there is a good talent base of the judicial team. Hainan courts have 35 judges and 30 assistant judges engaged in intellectual property trial. What's more, there are enough cases to support the establishment of the Intellectual Property Court. Hainan has seen IP disputes grow rapidly last year following the establishment and development of the port. From January to June, courts in Hainan heard 989 IP cases. It is estimated that about 2500 cases will be accepted in the whole year, and about 4000 cases will be heard in 2021.
Hainan Free Trade Port Intellectual Property Court will cover IP-related civil, administrative and criminal cases and is expected to be an intermediate court. Appeals against its first-instance decisions will be made to the Hainan High People's Court.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.