In the afternoon on Oct. 20 in 2009, Dr. Jiang zhipei, former Supreme Court Justice, Senior Advisor of Fangda Partners made a speech of the Latest Development of Judicial Protection of IP in China in a forum in Basel.

He said:  For over recent 20 years, I had been involved with trial work for IPR disputes and have witnessed over an important period in the development of Intellectual Property Rights in China.  Although the modern IPR system in China started quite late, China spent three decades completing the modernization of its IPR system, whilst many western countries achieved the same over two to three hundred years. In this respect, China's achievement has attracted worldwide attention.

Jiang zhipei introduce the latest development of Judicial Protection of IP in China. “The Number of Cases Steadily Increases; The Scope of IP Cases is Further Broadened; and the Trial System is further improved.” He mentioned “in the first half of this year (2009), China courts totally docketed 13,698 first instance civil cases related to IP disputes and 9,208 of which have been concluded, representing an increase of 23.11% and 20.95% respectively as compared with the same period of last year.” “In 2008 the Courts concluded 1,139 cases concerning foreigners or foreign companies, up 70.51%.”

He analyzed three steps of Determination of Patent Infringement in China: Step One：Determining the protective right and its protection scope; Step Two: Finding out the Corresponding Technical Features of the Alleged Infringing Object; Step Three：Comparing the Determined Protection Scope of the Patent with the Alleged Infringing Object.

He answered two questions: How to Stop and Imprison Counterfeiters and How to Obtain Compensation. He stressed evidence collection is very important: In order to prosecute one's infringement upon any IP in China, evidence collection is one of the most important components.  We must pay more attention to the nature, motive, amount and scope of the activities which may become evidence.  Interested parties can provide evidence to the Public Security Bureau at their convenience.  For the private prosecution, the rights owner should take great care in collection and preparation of the evidence as the standard is much higher in the private cases.

He also introduced a case, last June in 2008, the Supreme People’s Court issued a final judgment on a trademark infringement case between Japan’s Yamaha Corporation and three Chinese companies in Zhejiang Province.  The Court ruled that the three defendants should compensate RMB8.3 million to Yamaha Corporation.

Dr. Jiang introduced the role of “ mediation “ in the judicial procedure. “The people’s courts in China also have been emphasizing the role of “mediation” to solve the disputes, and they have achieved significant effects.”

He said: “In recent years, more than 50 percent of IP cases of first instance in China were settled through mediation.  As for the appeal cases and retrial cases, the mediation also plays an important role. For example, on April 15 in 2009, the appeal case of CHINT Group Co., Ltd. v. Schneider Electric Low Voltage (Tianjin) Co., Ltd. for utility model patent infringement was settled through mediation of the Zhejiang Provincial Higher People’s Court.  Schneider Electric Low Voltage (Tianjin) Co., Ltd. and its parent company, French Schneider Co., Ltd. reached an international settlement agreement with CHINT Group Co., Ltd. that, Schneider would pay the economic compensation in an amount of RMB 157.5 million to CHINT.  Till then the long-term IP dispute between the two parties was successfully solved, which created a good competitive market environment for both parties.”

At last, Dr. Jiang zhipei talked about the Outlook for IP Development in China. He put forward 4 points. He think that facing these new issues and challenges, the following aspects of work will be the focus of Chinese courts：First, comprehensively enforce the Compendium of national IP strategy; Second, keep on enhancing the Strength of IP Judicial Protection; Third, explore how to perfect the IP Judicial System; Four, continue strengthen the judicial interpretation work.

Dr. Jiang also mentioned his website: www.chinaiprlaw.cn and his job now, a senior advisor of Fangda Partners. He is going to Munich for a conference today. (On Oct. 21 in 2009)