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CIAO DATE: 3/5/2007
Protecting Intellectual Property Rights in Chinese Courts: An Analysis of Recent Patent Judgements
Mei Ying Gechlik, Veron Hung
January 2007
Abstract
Since China joined the World Trade Organization (WTO) in December 2001, the country's commitment to abiding by the global body's rules has captured the attention of businesses and policy makers in the United States. Such attention is likely to grow because the Democrats are expected to use their regained power in Congress to toughen their stance on China trade issues, including intellectual property protection.
Much of the discussion of China's intellectual property protection has focused on the infringement of patents, copyrights, and trademarks. Though the magnitude of the problem warrants the focus, businesses and policy makers should know that problems pertaining to intellectual property could emerge before infringement happens. The controversial invalidation of Pfizer's Viagra patent by the Patent Reexamination Board (PRB) of China's State Intellectual Property Office (SIPO) is a good example to illustrate this point.1 Although the PRB's decision was recently revoked by the First Intermediate People's Court in Beijing (FIPC), the final outcome remains uncertain. An appeal is to be heard by the High People's Court in Beijing (HPC).2 A further appeal to the Supreme People's Court, China's highest appellant court, while unusual, is still possible.
