9-10 September 2010, Beijing
IPR2 supported a workshop of experts and officials from the legal drafting team of the Legislative Affairs Commission (LAC) and the Supreme People’s Court (SPC) as part of preparations for revising China’s Civil Procedure Law. European academics, officials and practitioners working the field of civil law discussed questions raised by the drafting team, drawing from their experiences to assess the expected impact of potential changes to the law and provide suggestions for the revision.
The workshop resulted in an interactive and highly co-operative exchange between the European and Chinese experts and officials on key issues relevant to the judgement of the civil procedure framework, helping to increase the information exchanged on the development of the legislation in both regions and understanding of the existing framework, mechanisms and best practices in the EU; as well as gathering suggestions and comments for China’s revision work.The workshop was opened by Ms Yao Hong, Director General, Civil Law Office of LAC and Ms Hu Jihua, Deputy Director General, Civil Law Office of LAC. Over the last decade, the Standing Committee of the National People’s Congress (NPC) has continuously revised the Civil Procedure Law, in order to adjust the legislative framework for the civil procedure to the evolving requirements of the Chinese judicial system. LAC is responsible for the respective drafting work. Any draft amendments to the Civil Procedure Law proposed by LAC will then be presented to the NPC for further review and final enactment.
The judicial system faces a number of challenges when dealing with civil IP enforcement cases. A particular problem for foreign companies involved in legal disputes before Chinese courts is the notarisation and legalisation requirements for documents and evidence originating from outside China. Adjustments to the legal framework aim to help solve these limitations of the enforcement system. LAC is therefore mandated with the task of researching civil procedure issues related to IPR protection and enforcement and to eventually propose changes to the current Civil Procedure Law.
The legislation governing the civil procedure is a key element of the Chinese IP system and plays a prominent role in the guidelines of the National IP Strategy of China (adopted in June 2008). Topics to be discussed at the workshop include:
- What are the typical types of IPR cases in your country? Is there any alternative dispute resolution (ADR) regarding IPR cases in your country?
- Are there any special legal provisions on jurisdiction over IPR cases in your country? What kinds of legal provisions exist with regard to judicial forensic institutions or other agencies involved in the professional identification of IPR? Is there any system of court experts, expert witnesses or any other expert support for judges when hearing IPR cases?
- Are there any special legal provisions in your country on pre-trial evidence preservation regarding IPR cases? What are the special features and requirements for pre-trial evidence preservation, the respective acceptance and handling by the courts, specific measures that can be requested and implemented for evidence preservation, remedies for both parties concerned against respective court decisions etc.
- Regarding judicial IPR infringement proceedings, if one party or both of them apply for the invalidation of the IP right to the relevant authority during the court proceeding, what is the impact/consequence for the proceedings? Regarding IPR disputes, if one party doesn’t accept the decision made by related IP agency and files an appeal with the court, who will be the defendant? Is it possible under your legal system to apply that the judgement by the court competent for appeals against decisions of the IP office will be the final decision?
- Are there any notarisation and legalisation requirements in court proceedings for evidence formed abroad and procedural documents in your country? If yes, please introduce the respective legal provisions and court practices governing such requirements?
LAC is the working body of the Standing Committee of the National People’s Congress (NPC) responsible for legislative and other legal affairs, particularly drafting of fundamental laws and amendment bills including IP laws.
This forms part of IPR2’s broader co-operation with LAO and LAC, including revision of the Trademark Law. The Chinese government is currently revising the Trademark Law in line with the objectives of the National IP Strategy (released in June 2008) and to address the dramatic growth in domestic and international trademark applications and increasing infringement. By 2020, China plans to reach an internationally competitive level of trademark registration procedure, use, protection and management. LAC is now drafting the revised legislation, following initial preparation by the State Administration of Industry and Commerce (SAIC) and review by the Legislative Affairs Office (LAO). Read more.
Legislative Affairs Commission (LAC) of the Standing Committee of the National People’s Congress (NPC)
For more information on civil procedure legislation, contact Mr Andreas Obst
For general information on IPR2, contact Ms Tamryn Barker
[IPR2 ref: CC1.AW3.001]