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Judicial enforcement of intellectual property rights in China — from technical improvement to institutional reform

Lookup NU author(s): Professor Sophia Tang


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© 2020, © 2020 School of Law, City University of Hong Kong.China is one of the most controversial fora for intellectual property rights (IPRs) protection. The current IPRs enforcement in China is the result of a combination of external pressure and internal drive, of the paradox of technology reliance and indigenous innovation, and of a mixture of incompatible history and culture with gradually changing social norms. This article aims to provide a critical assessment of the latest development in judicial enforcement of IPRs in China, including improving the professionalism and efficiency of the judicial process, increasing the adequacy of remedies and reducing judicial local protectionism. It concludes that the technical development of the IPRs judicial system is obvious and the remaining problems are relatively easy to correct. However, although China has also adopted measures to increase the power and independence of courts, the structural weakness of courts continues to remain. The Chinese judicial system, institutionally, is not independent, and judgments are influenced by the policy of the Chinese Communist Party (CCP). Although the contemporary policy in China is to improve judicial protection of IPRs, the possible influence of the CCP policy in courts remains a concern for the long-term transformation of the IP system.

Publication metadata

Author(s): Tang Z

Publication type: Article

Publication status: Published

Journal: Asia Pacific Law Review

Year: 2020

Pages: epub ahead of print

Online publication date: 03/03/2020

Acceptance date: 19/12/2019

ISSN (print): 1019-2557

ISSN (electronic): 1875-8444

Publisher: Taylor and Francis Ltd.


DOI: 10.1080/10192557.2020.1718351


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