context: Major efforts have taken place to strengthen IPR protection, their chief goals including breaking local protectionism and difficulty in obtaining evidence. A survey conducted by American Chamber of Commerce in 2017, however, showed more than half of the respondents were skeptical that IPR laws will be strictly enforced.

The CCP Central Committee and the State Council jointly issued a set of opinions on reforming the adjudication mechanism for IP cases. Main tasks include

  • setting up rules on collecting, verifying and disclosing litigation evidence
  • lowering litigation cost and increasing fines for IPR infringers and damage awards for patent holders in cases of IPR violation
  • building IPR tribunals
    • summarising lessons from IPR tribunal pilots in Beijing, Shanghai and Guangzhou
    • setting up a system for allocating IPR judicial personnel quotas capable of self-adjustment based on changing workload
    • promoting vertical personnel transfer and personnel transfer among IPR tribunals; encouraging talent exchange between IPR judicial system and relevant party and administrative agencies
    • improving the selection of technical investigators