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December 29, 2014

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Standalone IPR court ready for action to meet surge in cases

SHANGHAI’S first standalone intellectual property rights (IPR) court was officially unveiled yesterday.

The Shanghai Intellectual Property Rights Court in the Pudong New Area will take all IPR cases currently handled by other city courts, said officials.

It is one of three dedicated IPR courts to be established in China in recent weeks, following a Supreme People’s Court proposal approved in August by China’s top legislature.

This follows a 25 percent increase in IPR cases in the city, according to the most recent figures.

Also unveiled yesterday were the Shanghai No. 3 Intermediate People’s Court, in Pudong as well, and a third branch of the Prosecutors’ Office, in Zhabei District.

These are China’s first cross-region court and procuratorate, part of the country’s judicial reform to reduce the interference of local governments on administrative litigation cases.

All three judicial institutions are scheduled to open after the New Year holiday.

Wu Xielin, the former vice president of the Shanghai Higher People’s Court, was appointed president of the IPR court and the No.3 intermediate people’s court.

“The new (IPR) court will be responsible for all civil and administrative IPR cases in the city,” Wu said.

“Intermediate courts will no longer handle such cases,” he said.

According to a white paper this year, the number of IPR cases local courts accepted in 2013 reached 6,656 — an increase of 25 percent on 2012.

Shanghai police handled 2,589 cases related to counterfeit and infringement, up almost 77 percent on 2012.

These increases have been attributed to a tougher crackdown on intellectual property crimes.

Dedicated IPR courts also opened in Beijing on November 6 and in Guangzhou, in south China’s Guangdong Province, on December 16.

The Shanghai No.3 Intermediate People’s Court will handle cross-region administrative litigation cases, major civil and commercial litigation cases, environmental protection cases and food and drug safety cases.




 

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