作者:倪振华 金杜律师事务所知识产权部

Guangdong High People’s Court recently issued a “Working Guideline of Guangdong High People’s Court on the Trial of Standard Essential Patent Dispute Cases (for trial implementation)” (hereinafter referred to as “the Guideline”) on 26 April 2018, which is the most comprehensive guideline for trial of SEP-related disputes in China till now. Theoretically speaking, this Guideline has a binding effect on three major IP courts/tribunals in view of jurisdictional mechanism of SEP-related cases in Guangdong province, including Guangzhou IP Court, Shenzhen IP Tribunal (of Shenzhen Intermediate People’s Court) and Guangdong High People’s Court which is the appellate court of the former two.  However, this Guideline actually reflects some widely recognized court practices on SEP-related issues, and will probably be referred to by other courts in China.
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Mia Qu, Bessie Ye, Nick Wang of King & Wood’s Intellectual Property Group

As 2009 begins and the economic crisis has hit most major markets globally, the Supreme People’s Court of the People’s Republic of China (“Supreme Court”) is studying how to adjust judicial policy on intellectual property rights (“IPRs”). The new policies will outline developing trends in the legal protection of IPR in China that may occur this year:
Continue Reading 2009: New Trends in China’s Judicial Protection of Intellectual Property Rights