English > Activities & Results > Enforcement > 2008 International Conference on Judicial Protection of IPR
2008 International Conference on Judicial Protection of IPR Print

9-11 July 2008, Shanghai

IPR2 supported the Supreme People’s Court (SPC) together with the Quality Brands Protection Committee of China Association of Enterprises with Foreign Investment (QBPC) and the U.S. Chamber of Commerce to organise an International Conference convening senior Chinese and international IP judges, including judges from Europe. This high-level platform highlighted the strong prospects for a long-term exchange between the Chinese and European judiciary.

China has made great efforts and improvements with regard to the completion and adjustment of its IP system over the past two decades. One key requirement for the functioning of the system is the application and implementation of these laws by the judiciary in accordance with the rule of law. The goal of this activity was to support a high-level exchange platform between Chinese and foreign judges which could potentially create long term exchanges on these issues. During the conference high level Chinese and foreign IP judges provided input on various matters arising in IP litigation. Insofar, the presentations and discussion covered the most important points of IP infringement litigation.

This conference resulted in a detailed and comprehensive professional exchange and meant that Chinese judges could strengthen the network with their foreign counterparts. In turn it allowed foreign judges to form closer ties with their colleagues in China, which will enable a sustained exchange and interaction between different jurisdictions in the future.

With IPR protection being a pillar of Chinese national policy, SPC Vice President Xi Xiaoming, in his keynote speech, called for a full exchange of information, expanding common understanding and enhancing co-operation among the international participants, towards stronger IPR protection.

Dr Michael Pulch, Minister Counsellor for the Delegation of the European Union to China & Mongolia, was also present, and said in his opening remarks, "The EU welcomes the continuing interest from senior IP judges in China in sharing their questions, views and experiences with their counterparts in Europe and in the wider international arena. It is a great time for us to learn more about international judicial best practice, and to learn more about China. The EU envisages technical exchanges such as this as pivotal to enhancing this understanding and reinforcing our long-term strategic partnership.”

View press release.

The high-level participants included Mr. Xi Xiaoming, Vice President of SPC; Dr. Michael Pulch, Minister Counsellor, EC Delegation to China; Mr. Ying Yong, President of Shanghai High People’s Court; Mr. Chief Judge Jiang Zhipei, SPC IP Tribunal; Mr. Jeremie Waterman, US Chamber and Mr. Jack Chang, Chairman of QBPC. Among the speakers were representatives from SPC; High Courts in Beijing, Shanghai, Guangdong, Zhejiang and Jiangsu; SIPO; Chinese academics from Peking University, Shanghai Jiaotong University and China University of Politics and Law; foreign judges; Industry Representatives. The participation of expert judges, supported by IPR2, included Chief Judge Joachim Bornkamm, Federal Court of Justice, Germany; Judge Alice Pézard, Court of Cassation, France; Lord Justice Robin Jacob, Royal Courts of Justice, UK; Vice President Robert van Peursem, District Court The Hague, The Netherlands and Chief Judge Klaus Grabinski, District Court Dusseldorf, Germany.

The SPC is the court of last instance in China. Its judicial interpretations have the force of law. The IP Division of SPC has original and appellate jurisdiction over all IP matters, which covers patent, trade secret, copyright, trademark, technology transfer contracts and unfair competition. It also has the authority to grant retrial for erroneous final judgements. The ‘2008 International Conference on Judicial Protection of IPR’ proved beneficial to all participants and strong interest was expressed to hold another exchange in the future.

 

The technical discussion covered the following specific areas:
  • New Trends, Challenges and Developments in IPR Judiciary Protection
  • Evidence and Litigation Conduct
  • Infringement Determination
  • Defenses
  • Remedies

For more information on this activity, contact Mr Andreas Obst This e-mail address is being protected from spambots, you need JavaScript enabled to view it .

 

For general information on IPR2, contact Ms Tamryn Barker This e-mail address is being protected from spambots, you need JavaScript enabled to view it .

 

[IPR2 ref. CC4.AWP.001]

 
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