NEWSGD.COM
Home | About Us | Contact Us | Site Map | Chinese
News | Biz | Pearl River Delta | Enjoy Life | Culture | Travelling | Pics | Cities & Towns | Gov Info | Specials
Home > News Brief > China
Int'l laws applied in local IPR cases
Latest Updated by 2007-01-19 09:24:13
Related News
China steps up IPR protection to promote innovation
US trade chief ready to debate IPR, deficit
TV station in court over IPR argument
Shenzhen gets tough on IPR
China
6 miners rescued from flooded iron ore mine
China discourages travel to South Pole
Int'l laws applied in local IPR cases

International intellectual property rights (IPR) laws will take precedence whenever they are applied in domestic trials even if they differ from domestic laws, a senior judicial figure told a national conference on IPR-related trials.

Chinese IPR laws are typically in tune with international IPR laws, so equal protection is accorded to both overseas and domestic IPR owners, Cao Jianming, vice-president of the Supreme People's Court (SPC), said yesterday.

But when they are not, China will give priority to international conventions that are directly applicable to domestic IPR case trials, said Cao.

As for regulations among documents that China signed on accession to the World Trade Organization, such as the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), the endeavor is to transform them into domestic laws.

"And for those that have already been enshrined in domestic laws, their execution is bound by international treaties," he said.

To further allay foreign concerns on IPR protection, the Standing Committee of the National People's Congress, the top legislature, recently approved China's entry into the WIPO Copyright Treaty and WIPO Performances and Phonograms Treaty.

"IPR protection has become a constant strategic topic in China's external affairs," Cao said. "On the one hand, China has made remarkable progress; while on the other, some developed countries keep applying pressure as global IPR competition intensifies. 

"It is impossible to solve in a short time contradictions between China's economic and technical shortcomings as a developing country and the high IPR protection standards proposed by developed countries," Cao said.

"The disputes will last for a long time."

He reiterated China's stand in adhering to "national treatment" principles according to TRIPS agreements.

"Favorable treatment will neither be offered to foreign parties because of their foreign sensitiveness, nor protectionism given to any local or industrial parties in the name of protecting national interests," Cao said.

IPR-related court cases have been on a rapid rise in recent years. From 2002 to 2006, Chinese courts dealt with 931 IPR cases involving overseas parties, or a rise of 50 percent each year, according to Jiang Zhipei, chief justice of the SPC IPR Tribunal. 
During that period, the Beijing No 1 Intermediate People's Court alone ruled in favor of overseas parties in 60 percent of the 670 IPR cases.

Editor: Yan

By: Xie Chuanjiao Source: China Daily Website
Previous:  China discourages travel to South Pole  Next:China tightens land tax collection


Bicycles return!


Good bye, motor!


[Guangzhou] Eight New Attractive Places of Liwan District Selected


23% box throughput growth at Zhanjiang port


Jonathan Lee to perform in Great Hall of the People
This site contains material from other media for content enrichment purpose only.
The Southcn.com website do not endorse such content and do not bear the joint responsibility of their copyright infringement.
The views expressed in written material posted to the bulletin boards of Southcn.com are those of the authors and/or publishers. The Southcn.com website does not endorse information products posted by organizations and individuals here. The originators of these information products are solely responsible for their content.
For copyright infringement issues, you shall contact Southcn.com within thirty (30) days. Email: falv@southcn.com
If you find any error in this page, please drag your mouse to mark the text with error, then press "CTRL" and "ENTER", to inform us. Thanks for your help!
Home  |  About Us  |   Contact Us  |  Site Map  |  Chinese
©2005 WWW.NEWSGD.COM. All rights reserved.registered number 020074 Terms of Use | Advertise | ICP Certificate No.B2-20050252
Guangdong Gov Link
Guangdong Gov Brief
State Structure
Guangdong in Brief
Laws & Regulations
Exchange Rate
Guangdong Guide
   
Museum Museum
University University
Eat Eat
Shopping Duting
Night Life Night Life
Weather Weather
Phone No. Phone Num
Consulate Consulate
Airport Airport
Travel Tips Tours Tips